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(영문) 전주지방법원 2013.08.28 2013고단1657
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 13, 2006, the Defendant was sentenced to a fine of KRW 2.5 million by the Jeonju District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on April 24, 2012.

On June 15, 2013, the Defendant, while under the influence of alcohol 0.201% under the influence of alcohol on at least two occasions at a 02:06 level, driven a B-hand car owned by the Defendant from around three km-gu, Seoul Special Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Haak-dong to the front road of Seo-gu, Seo-gu, Seog-dong, Seog-gu, Yan-dong, Jeonju-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no heavier criminal records than the fine, and the fact that he/she reflects his/her depth while making a confession of the crime in this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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