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(영문) 전주지방법원 2014.05.30 2014고단544
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On March 14, 2014, at around 20:40, the Defendant driven a 3km truck up to 0.311% of blood alcohol concentration at around 0.31%, in front of a rest area in the trade name of the Gu Seoul pharmacy in Man-si, Kim Jong-si, the Defendant driven a C Ⅱ truck up to 3km up to 3km in front of a rest area in the name of the Gu, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Act and subordinate statutes to the investigation report (related to the application of the Tramark);

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

1. The sentencing of Article 62-2 of the Criminal Act provides that the Defendant’s drinking water of this case is very high as 0.31% of the Criminal Act. However, the Defendant’s confession and reflects the crime of this case, the Defendant is currently receiving hospital treatment due to high blood pressure, urology, urology, and dyssis, etc., the Defendant’s home environment without any history of criminal punishment, etc. shall be subject to suspension of the execution of imprisonment and additional orders to provide community service and attend lectures.

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