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(영문) 전주지방법원 2014.05.02 2014고단250
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 21, 2014, at around 05:55, the Defendant driven B rocketing car under the influence of alcohol content of about 0.208% in the 4km section from the front of the mutual influence point in the central road of Yansan-gu, Seoul, to the front road of 396 (ditraf) in the same city-Jinjin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

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 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of community service and order to attend a lecture has already been punished several times for traffic-related crimes, and even though the previous convictions were included one time, the fact that the crime of this case is committed again, the circumstances and the nature of the crime are very heavy, but the defendant confessions and reflects the crime of this case, the circumstances leading to the crime of this case, the defendant's health condition and family environment, and the sentencing data recorded in the records of this case, shall be taken into account, and the execution of imprisonment shall be suspended only once, and community service and order to attend a lecture shall be determined in addition to the orders.

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