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(영문) 전주지방법원 남원지원 2013.07.16 2013고단105

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

On December 21, 2005, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 29, 2007, with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Southern District Court on March 29, 2007, with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Southern District Court on December 11, 2009, with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving). On October 5, 2010, the Defendant was sentenced to a suspended sentence of six months with a sentence of imprisonment for a violation of the Road Traffic Act (driving) at the Southern District Court at the Southern District Court at the

On May 14, 2013, at around 18:00, the Defendant driven Cpoter cargo under the influence of alcohol concentration of 0.066% at a distance of about 1km from the front 1km to the front frith of the Pungdo, in front of the Pungdo, in front of the Pungdo Association, in the outside of the Pungdo Island.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports and investigation reports (a summary order and accompanying report of a written judgment);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be strictly punished for the defendant in light of the punishment records as stated in all the facts constituting the crime at the time of the sale, but the defendant's disposal of the vehicle operated at the time of the crime at the time of the crime at issue, and the execution of the sentence shall be suspended only once in consideration of all the circumstances such as drinking water, the age of the defendant,

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;