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(영문) 전주지방법원 2014.04.25 2014고단182
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

At around 14:00 on January 19, 2014, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of about 0.267% in a section of about 50 meters from the road near the “down restaurant” in the bridge in the bridge in the bridge in the Jeonsung-gun, Bosung-gun, Bosung-gun to the front road in the bridge in the front of the bridge in the bridge in the bridge in the Jeonsung-gun, Bosung-nam

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host 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 ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been subject to two times punishment due to drinking driving, is deemed to have committed the crime of this case again, the circumstances and the nature of the crime of this case are not somewhat weak, but the defendant confessions and reflects the crime of this case, the circumstances leading to the crime of this case and the fact that the defendant has no criminal record beyond the fine, etc., the execution of imprisonment shall be suspended and the community service and the order to attend lectures shall be additionally determined.

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