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(영문) 전주지방법원 2015.11.10 2015고단1460
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2009, the Defendant was issued a summary order of KRW 5 million by the Jeonju District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and a violation of the Road Traffic Act, and a fine of KRW 3 million on August 30, 2010.

On September 6, 2015, at least two occasions, the Defendant, who was a person driving alcohol, driven a BL car in the state of alcohol of about 8km from the 8km section to the front road of the fluor apartment house in front of the fluorian city, where the fluorian-dong 2 was under the influence of alcohol of about 0.22% from the 8km section of the fluorian city to the fluorian apartment in front of the fluorian city in front of the fluorian city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, appearance, uniforms, language, and attitude of drinking drivers;

1. On-the-job reports (related to the date and time of final music of the report on running as a drinking driver);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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 grounds for discretionary mitigation);

1. The Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he had been punished for the same crime as the previous conviction in the judgment, once again committed the instant crime.

However, in consideration of the fact that the defendant's mistake is seriously against himself/herself and there is no criminal record of a suspended sentence or heavier punishment, a suspended sentence shall be imposed in addition to probation and compliance driving lectures, taking into account the fact that there is no criminal record of the probation and compliance driving lectures, and other matters that constitute the conditions for sentencing such as the defendant's age, character, conduct and environment

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