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(영문) 전주지방법원 2014.05.23 2014고단232
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

On January 19, 2014, at around 00:35, the Defendant, while under the influence of alcohol of 0.223% of blood alcohol concentration, driven a CF rocketing car at the section of approximately 500 meters from the front of the front of the sloping-dong in Samcheon-gu, Samcheon-gu to the front of the shot apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the report on the circumstantial statement, request for appraisal and response, and report on detection of a host driver;

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 reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service, or order to attend a lecture, despite the fact that the defendant had been already punished twice due to drinking driving, when considering the fact that he committed the crime of this case again during the period of probation, the circumstances and the nature of the crime is very heavy, but the defendant confessions and reflects the crime of this case, his unmarried defendant supports his parents and the mother of his old age, etc., the execution of imprisonment shall be suspended only once, and the probation, community service, and order to attend a lecture shall be determined in addition to the order.

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