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(영문) 전주지방법원 2015.08.25 2015고단833
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 17, 2010, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 1.5 million in the same court on May 30, 2013, a fine of KRW 1.5 million in the same court as the same crime, and a fine of KRW 5 million in the same court on August 13, 2013, respectively.

【Criminal Facts of Crimes】 Around May 29, 2015, the Defendant driven a motor vehicle with clurian alcohol level of 0.163% under the influence of alcohol in front of the Jeonbuk-do Office located in 225, Jeonbuk-gu, Jeonbuk-gu.

Summary of Evidence

1. Defendant's legal statement;

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. A report on blood collection, response to requests for appraisal, and report on the detection of a drinking driver (blood collection result);

1. Previous records: Application of criminal records, etc. and a copy of each 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflective facts, and the facts that have no criminal record of the same kind or more suspended sentence);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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