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(영문) 전주지방법원 군산지원 2016.09.21 2016고단701

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a crime of violating road traffic law at the Daejeon District Court on July 16, 2009, and was sentenced to 2 million won or more for the same crime in the Jeonju District Court's Gunsan Branch on January 22, 2014.

피고인은 2016. 7. 5 03:37 경 혈 중 알콜 농도 0.183% 의 술에 취한 상태에서 전라북도 군산시 오식도 동에 있는 백 년 짬뽕 앞 도로 약 5m 구간에서 B K5 하이브리드 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of inquiries about response to requests for appraisal, and management of reports made mainly;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The criminal defendant, who has been subject to two times punishment due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, shall be deemed to have driven alcohol, and the nature of the crime is not weak, but the criminal defendant shall be determined as ordered by taking into account the fact that the criminal defendant's mistake is recognized and reflects his/her mistake, and all other circumstances constituting the condition of sentencing, such as the defendant's age, sex, environment