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(영문) 전주지방법원 2013.11.27 2013고단2178
도로교통법위반(음주운전)등
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 September 27, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on October 23, 2012.

On September 12, 2013, around 22:18, the Defendant driven B K5 cars with approximately KRW 100 meters alcohol concentration 0.130% while under the influence of alcohol without a vehicle driver’s license from the parking lot of the “Seojin-gu, Seoul Special Self-Governing Province,” located in Geumjin-gu, Seoul Special Self-Governing Province to the front road of the “Cukdong” with the same virtue vibration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (to take into account the records of punishment twice for the same kind of crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that it is white and reflective);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Taking into account that there exists no grave force exceeding the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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