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(영문) 전주지방법원 2014.12.05 2014고단1780
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 May 30, 2012, the Defendant issued a summary order of a fine of six million won to a violation of the Road Traffic Act at the Jeonju District Court on May 30, 2012, and a summary order of one million won by the same court on March 19, 2008.

On October 16, 2014, at around 15:46, the Defendant driven a D Ecoo motor vehicle under the influence of alcohol by 0.185 percent from the distance from about 5 kilometers from the front day of the Ecoo-gu Ecoo-gu Seoul Special Metropolitan City to the 74-1st day of the Yansan-gu Scoo-gu Scoo-gu Scoo-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. Statement under circumstances;

1. Records before judgment: Application of inquiries, such as criminal records, and investigation reports (attached to a summary order issued on the same type of power);

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that confessions and reflects seriously, the fact that there is no criminal record exceeding the fine due to the same kind of crime, and the circumstances of this case and the family environment of the accused, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

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

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