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(영문) 전주지방법원 2013.11.20 2013고단1923
도로교통법위반(음주운전)
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

On October 8, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court for a crime of violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the Daejeon District Court on January 10, 2012.

On March 20, 2012, at around 21:23, the Defendant: (a) driven a vehicle while under the influence of alcohol of approximately 0.096% of alcohol alcohol concentration from about 20km to the front way of the water delivery station located in the Donjin-gu in Jeon-gu in Jeon-gu in Jeon-si, Jeonju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry reports, such as criminal history, and criminal investigation reports (Attachment to judgments of the same kind of suspect 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 200Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (including the absence of heavy criminal records beyond the fine, etc.);

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

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