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(영문) 전주지방법원 2014.05.16 2014고단327
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At the Jeonju District Court on March 6, 2007, the Defendant issued a summary order of KRW 1.5 million under the name of the same crime in the same court on September 4, 2008 and KRW 2 million under the name of the same crime in the same court on June 25, 2009.

On February 5, 2014, at around 00:35, the Defendant driven a C C C C-Stroke in a drunken state with a blood alcohol concentration of about 0.179 percent from around 6 kilometers from the front of the main place of peace Dong-dong, Chungcheongnam-gu, Seoul Special Metropolitan City to the front road of the 699-do Saemaul Undong Undong-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

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 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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been subject to three times punishment due to drinking driving, is deemed to have committed the crime of this case again. However, the circumstances and the nature of the crime of this case are not that of the defendant, considering the circumstance leading to the crime of this case, the circumstance leading to the crime of this case, the fact that the defendant did not have any criminal record exceeding a fine among the records subject to punishment due to drinking driving, and the fact that he supports the elderly suffering from dementia, the execution of imprisonment shall be suspended and the community service and the order to attend lectures shall be determined in addition to the order as ordered.

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