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(영문) 전주지방법원 2014.07.25 2014고단579
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 30, 2014, at around 01:35, the Defendant driven a B cargo vehicle with approximately 3 km up to the front way of the large-scale industry located in the same mountain path located in the front of the luxal luxal luxal luxon in the front of the luxal luxic luxic luxic luxic luxon in the front of the luxal.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Written response to the request for appraisal;

1. The circumstantial statement of the employee;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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 ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act, including community service and order to attend a lecture, despite the fact that the defendant had been already punished three times due to drinking driving, led to the crime of this case again. However, the circumstances and the nature of the crime of this case are not less than that of the defendant, considering the fact that the defendant led to the crime of this case, his confession and seriously reflects the crime of this case, the execution of imprisonment is suspended, and community service and order to attend a lecture is determined in addition to the order.

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