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(영문) 전주지방법원 2013.10.16 2013고단1851
도로교통법위반(음주운전)
Text

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.

Reasons

Punishment of the crime

On December 26, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on March 12, 2009, in the same court, the Defendant received a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act.

On July 16, 2013, around 21:33, the Defendant driven a mixed bitr vehicle in the state of alcohol of about 200 meters alcohol concentration from a section of approximately 0.154% from the front road of the YW car sales place located in the same Dong from the front road of the YW car sales place located in the front city of the city of 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the request for appraisal and the detection of a host driver;

1. Previous convictions in judgment: The application of Acts and subordinate statutes by inquiry about criminal careers, etc.;

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 a sentence, and the choice of imprisonment (in consideration of the fact four times of fines of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no record of the same kind of imprisonment without prison labor or more, and that the crime is recognized and reflected);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for reduction of amount);

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

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