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(영문) 전주지방법원 2013.07.17 2013고단1239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 23, 2006, the defendant was sentenced to a fine of two million won due to the violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court on November 23, 2006.

1. The Defendant committed on March 8, 2013

3. Around 808:25, while under the influence of alcohol content of 0.186%, a person driving C Ecoo-car in the section of approximately approximately 300 meters away from the front of the “SHW shop” road located in the Jeonjin-gu Seoul Metropolitan City, Seojin-gu, Seoul Metropolitan City to the front road, “SHW shop” in the same Dong.

2. On March 12, 2013, the Defendant, while under the influence of alcohol with blood alcohol around 01:20% on March 12, 2013, driven the said Eccoo vehicle at the section of approximately 200 meters from the sand distance from the Namjin-gu Geumjin-gu, Geumdong-gu, Jeonju to the original studio road in the same Dong, under the influence of alcohol with alcohol content of 0.28%.

3. On March 12, 2013, the Defendant, while under the influence of alcohol at around 12:20 on March 12, 2013, driven the said Ecoo vehicle at the section of approximately 1.5 Km from the front side of the Jeonjin-gu Geumdong University Hospital located in Geumjin-gu, Geumdong-gu, Jeondong to the front side of the "Seoul Jinjin Police Station sand internal zone" located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under influence on March 8, 2013), Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of driving under influence on March 12, 2013), the choice of imprisonment for a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the confessions and reflects in this court, and the recent records of the same kind, which have been sentenced to a fine not later than seven years before being sentenced to a fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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