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(영문) 전주지방법원 군산지원 2013.07.11 2013고단372

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2006, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court of Korea on August 14, 2006, and was sentenced to a suspended sentence of six months for the crimes of violation of the Road Traffic Act in the Jeonju District Court of Korea on January 21, 2008.

On April 14, 2013, at around 22:10, the Defendant driven B Poter in the state of alcohol alcohol concentration of approximately 0.173% from the 3km section of the apartment in the 3km-dong of Sinsan-si to the 3km-dong of Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. A report on detection of a host driver;

1. Inquiry into the enemy;

1. Previous records: Application of criminal records, investigation reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006);

1. It shall be decided as ordered on the grounds of probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;