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(영문) 전주지방법원 2013.08.14 2013고단1459
도로교통법위반(음주운전)등
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

At around 17:22 on May 5, 2013, while under the influence of alcohol content of 0.261%, the Defendant driven B car free of the driver’s license from the front of the storage room for exclusive use of the citizen playground located in Yasan-dong, Kim Jong-si to the roads adjacent to the above citizen playground.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and application of Acts and subordinate statutes to the driving license ledger;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no record of any other crime except for the one-time fine for the defendant, and the fact that the confession of the crime in this case and reflects in depth, etc.);

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

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

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