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(영문) 전주지방법원 2015.10.06 2015고단1244
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 30, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on May 30, 201, and on January 20, 2014, the Defendant received a summary order of KRW 3.5 million for the same crime.

【Criminal Facts】

On August 11, 2015, the Defendant was under the influence of alcohol concentration of 0.130%, and around 08:55, the Defendant driven a chip low-income car from around 7km-gun, Samcheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the roads in front of the Samcheon-gun, Samcheon-gun, Samcheon-dong Agricultural and Fishery Products Wholesale Market.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A report on internal investigation:

1. Previous records: Application of the Act and subordinate statutes to inquiry reports and investigation reports (such as a copy of a summary order), such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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