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(영문) 전주지방법원 2016.11.15 2016고단1258
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] The Defendant, at the Jeonju District Court on January 17, 2012, has the record of receiving a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million for the same crime in the same court on July 21, 2014.

【Criminal Facts】

At around 21:50 on August 6, 2016, the Defendant driven an E 7-car under the influence of alcohol concentration of about 0.132% from the 50m section of alcohol alcohol level to the roads 233-6 in the Republic of Korea, from the 2-day 1st alcohol day before the Hanjin-gu, Seojin-gu, Jin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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 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, or order to attend lectures - Circumstances unfavorable to the accused: three times a previous convictions for the same kind of offense (driving alcohol level) and the depth (0.132% of blood alcohol level) of the degree of his/her takings (0.132%) - Normal circumstances favorable to the accused: serious reflectness, absence of any criminal records for suspended execution or more, - Comprehensive

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