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(영문) 전주지방법원 군산지원 2016.05.11 2016고단190

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 October 1, 2014, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on October 1, 2014, and was sentenced to a fine of 3 million won in the same court on December 3, 2015 and was sentenced to a fine of 3 million won or more for the same crime.

On December 25, 2015, at around 01:20, the Defendant driven a B-hand car at approximately 500 meters water alcohol level from the roads near the Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City to the roads before the same Singu SM SM convention.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of inquiry of criminal history and investigation report (a summary order, etc.);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that a defendant, who has been punished twice due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, shall be deemed to have driven alcohol, and the nature of the crime is weak, but the defendant shall be deemed to have recognized and against his/her own mistake, the defendant has no record of being punished exceeding the fine due to the same kind of crime, and the defendant's age, sex behavior, environment, etc. shall be determined as per the order, taking