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(영문) 전주지방법원 2014.05.23 2014고단399
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 March 3, 2014, at around 21:00, the Defendant driven a B B B B B BFW car with a blood alcohol concentration of about 0.132% in front of the restaurant, which was located in the Sokjin-gu Seoul Metropolitan City, Seoul Metropolitan City, from the front of the restaurant, to the front of the restaurant, the “Seongjin-gu, Seoul Metropolitan City,” which was located in the Seoul Metropolitan City, Seojin-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished four times due to drinking driving, is deemed to have committed the crime of this case, and thus, the circumstances and the nature of the crime of this case is not weak. However, the defendant confessions the crime of this case and seriously reflects the crime of this case, there is no criminal record exceeding the fine due to drinking driving, the defendant requests the sale of the vehicle owned by the defendant due to his mistake that the defendant will no longer drive under drinking, and the defendant requests the sale of the vehicle after the crime of this case, and the reason why the defendant led to the crime of this case, etc., the execution of imprisonment is suspended, and the punishment is determined as ordered in addition to community service and lecture order.

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