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전주지방법원 2014.09.19 2014고단1076

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.


Punishment of the crime

At around 01:30 on June 22, 2014, the Defendant driven B EXE car while under the influence of alcohol concentration of 0.317% on the road in front of the 21st Mancheon-gu, Seojin-gu, Songcheon-gu, Songcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of a de facto driver;

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 (the fact that confessions and reflects seriously, the fact that there is no criminal record exceeding the fine due to the same kind of crime, and the family environment, etc. of the defendant);

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

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