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(영문) 전주지방법원 2016.12.06 2016고단1508
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 September 11, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act. On July 11, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court for two years.

【Criminal Facts】

On August 27, 2016, at around 23:41, the Defendant driven a Clater’s car under the influence of alcohol with approximately 0.140% of alcohol level 0.140% from the front day of the Doldong Dolsan-ro 72, Hongnam-ro, Hongnam-do, from around 200 meters to the front road.

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. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (report on suspect's records of drinking driving);

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order - Circumstances unfavorable to the accused: The degree of main records and probation, including once a suspended sentence of imprisonment for the same kind of offense and circumstances unfavorable to the accused, (0.140% of blood alcohol level) - Normal circumstances favorable to the accused: The serious reflectivity, the support for children under age (6 years old) - Other comprehensive matters that constitute conditions for sentencing under Article 51 of the Criminal Act;

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