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(영문) 전주지방법원 2014.09.19 2014고단1081
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 February 25, 2008, the Defendant received a summary order of KRW 1 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on January 13, 2010, a summary order of KRW 2.5 million from the same court as the same crime, respectively.

【Criminal Facts】 Around July 1, 2014, the Defendant driven a Crenren motor vehicle under the influence of alcohol concentration of 0.157% on the front of the KTWon-gu ETWon-si, YTW-si, Seoul Special Metropolitan City on July 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the punishment is voluntarily and seriously against the defendant, the fact that there is no criminal record exceeding the fine due to the same kind of crime, and the circumstances of the crime in this case and the family environment of the defendant, etc.);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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