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(영문) 전주지방법원 2014.07.25 2014고단888
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 May 29, 2014, at around 04:00, the Defendant driven a car while under the influence of alcohol concentration of about 0.218% at the section of approximately 2.5 km in front of the road in front of the Donsan-gu Seoul Special Metropolitan City to the Donsan-gu Donsan-si Don (KT).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of the photographic Acts and subordinate statutes;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished twice for the same kind of crime, in light of the fact that the defendant committed again the crime of this case, and that the drinking driving level of this case is very high, the circumstances and the nature of the crime of this case are not less than that of the defendant. However, considering the fact that the defendant led to the crime of this case, his confession and reflects against the crime of this case, the defendant did not have any criminal records exceeding the fine due to the same kind of crime, and the circumstances of the crime of this case, the execution of imprisonment shall be suspended, and the community service

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