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(영문) 전주지방법원 2016.11.08 2016고단1176
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 November 13, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act by the Gwangju District Court. On September 17, 2012, the Defendant was issued a summary order of KRW 4 million as a fine in the Jeonju District Court’s Support for the same crime.

【Criminal Facts】

At around 06:40 on July 16, 2016, the Defendant driven a B-Adi vehicle under the influence of alcohol with approximately 0.085% alcohol concentration from a section of about 1km to the front road of the In-Adidong located in 170 (China-dong) from the front day of the Home Pusers’ electric flusium to the front day of the In-Adidong-ro 98 (China-dong), from the front day of the Home Pussium 170 (China-dong).

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, appearance, uniforms, language, and attitude of drinking drivers;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (Attachment of a copy of a summary order), and application of Acts and subordinate statutes of the summary order;

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 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 grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The circumstances that are two times the same criminal records and the previous criminal records are committed against the defendant; - The circumstances favorable to the defendant have no criminal records of serious reflectness or suspended execution or any other criminal records; - The comprehensive conditions for sentencing under Article 51

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