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(영문) 전주지방법원 2014.05.16 2014고단183
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power】 On January 31, 2005, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act at the Jeonju District Court on April 31, 2005, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Jeonju District Court on April 29, 2010 and five criminal records of the same kind.

【Criminal Facts of Crimes】 On January 25, 2014, at around 18:30 on January 25, 2014, the Defendant driven the Crocketing Pacific Cargo Vehicle under the influence of alcohol 0.093% in a section of approximately one kilometer from the front day of a narrow tree water station in the direction of the Switzerland-gu of the front day of the front city to the front day of the Ansan Hospital in the front day of the front city of the front city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Criminal records, etc. and the application of 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 (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act include five times of punishment due to drinking driving, and among them, the execution of imprisonment is suspended and probation, community service, and lecture attendance order is added to probation, community service, and lecture attendance order, considering the following: (a) the criminal intent and the nature of the crime of this case is very heavy; (b) the defendant confessions and reflects the crime of this case; (c) the defendant is in need of continuous pharmacologic treatment and observation after he/she has been conducted with a prop-to-proponing surgery on May 201; and (d) the current denial and divorce are supporting children who are middle students.

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