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(영문) 전주지방법원 군산지원 2014.07.02 2014고단366

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 November 17, 2006, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 17, 2006, and a fine of KRW 700,000 for the same crime in the same court.

【Criminal Facts】

On March 15, 2014, at around 00:26, the Defendant driven Cchier car while under the influence of alcohol of about 0.074% of blood alcohol concentration at approximately 500 meters from the front road of the flusium in the Sinsan-si Transportdong to the front road of the flusium 500 meters flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Previous convictions indicated in judgment: Application of criminal history records, copies of summary orders, investigation reports (reports on the results of confirmation of the same type of criminal records);

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;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and the main sentence of Article 59(1) of the Probation, etc. Act, including the repetition of the same mistake that the defendant has been sentenced twice as his/her drunk driving, etc., which are disadvantageous to the defendant, including the fact that the defendant has been sentenced twice as his/her drunk driving, and that the amount of drinking water belongs to a relatively low level, and that the defendant is carrying out compliance driving, etc., the sentencing conditions favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and various sentencing conditions as shown in the arguments of the case, shall be determined as the disposition.