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(영문) 전주지방법원 정읍지원 2014.01.21 2013고단392
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a car by CA.

1. On November 23:13, 2013, the Defendant driven the above vehicle at approximately 5km section from the street corner of the so-called Seoul Yeongdeungpo-gu Military Police Unit to about 154-7 Military Police Unit of the Dongjak-gu, Seoul, while under the influence of alcohol content of 0.13%.

2. On May 25, 2013, at around 22:30, the Defendant driven the said vehicle at a section of approximately 4km from the street in front of a restaurant where he was under the influence of alcohol at a 0.252% of the blood alcohol concentration of 0.252%, without knowledge of the trade name in the operation of a regular Eup at the time of regular Eup to the front street of the 3km intersection of the north-west 3

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of each host driver;

1. Notification of the result of drinking driving;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Articles 148-2 (2) 1 and 2, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (including that there is no record of having been punished for the same kind of crime, except for the cases where a fine has been sentenced once);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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