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(영문) 전주지방법원 정읍지원 2016.10.25 2016고단392

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 6, 2012, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 1 million as the same crime in the same court on January 17, 2014, respectively.

【Criminal Facts】

On August 2, 2016, at around 00:20, the Defendant driven Calba while under the influence of alcohol at approximately 0.072% of blood alcohol concentration from the front of the Gangwon Air High School located in the Gosong-gun, Gosong-gun, Gowon-gun, Gosong-gun to the front of the Dong-dong Village located along the same Eup/Myeon, from around 1km to the front of the Dong-dong Village located along the same Eup/Myeon.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and once again drives a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and output of a drinking measuring instrument;

1. Application of each Act or subordinate statute of criminal history records, reply, and copy of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (disputent circumstances, such as the fact that a person commits an error, the fact that a person operates a compliance, and the fact that he is older than 70 years old);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;