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(영문) 전주지방법원 2014.07.25 2014고단786
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On June 12, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the support of the Southern District Court in the Jeonju District Court, and KRW 1.5 million as a fine at the Seoul Northern District Court on May 28, 2013.

【Criminal Facts” around 23:58 on May 12, 2014, the Defendant driven a mixed vehicle B with approximately 800 meters from the front day of the restaurant near Jinjin-gu, Taejin-gu, Seoul Special Self-Governing Province to the front day of the city of Jeonju to the 1st day of the Yansan-gu Ho-gu Yan-gu Yandong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. A report on the result of appraisal;

1. Statement under circumstances;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order attached) including criminal records, etc.;

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 (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, is deemed to have committed again the crime of this case, but the circumstances and the nature of the crime of this case are not less than that of the defendant. However, in light of the fact that the defendant led to the crime of this case, the defendant does not have criminal records exceeding fines due to the same crime, and the circumstances of the crime of this case, etc., the execution of imprisonment shall be suspended, and community service and lecture order shall be added to the order of this case.

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