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(영문) 전주지방법원 군산지원 2014.11.28 2014고단1151

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

[criminal power] On January 22, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on January 22, 2009, and a summary order of KRW 7 million for a crime of violation of the Road Traffic Act in the same court on February 23, 2012.

【Criminal Facts】

On September 26, 2014, at around 23:35, the Defendant driven a B-purd vehicle with the blood alcohol concentration of about 0.185% in a 1km section from the front road of the Jinnpo Industries, which is located in the Gunsan City Movement, to the front road of the Jinna Industrial Complex located in the same Do-dong of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 sentencing conditions that are unfavorable to the defendant, including the fact that the defendant has been punished several times, including a suspended sentence due to drinking driving, etc., the reason for the sentencing of Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc., and the fact that the defendant is responsible for a compliance driving, the fact that the defendant is responsible for a compliance driving, the fact that the defendant's financial situation is not sufficient, etc., and the sentencing conditions that are favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the Disposition.