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(영문) 전주지방법원 군산지원 2014.05.14 2014고단153

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 July 4, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court, and on April 25, 201, issued a summary order of KRW 2 million as a fine for the same crime from the same support.

【Criminal Facts】

On January 19, 2014, at around 01:15, the Defendant driven a Bsch Rexton car in the state of alcohol with approximately 5km alcohol concentration of 0.097% from the area near the Bobane apartment, which is located in the Sinsan Sinsi Port to the Agulwon road in the Sinsan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under the main sentence of Article 62-2 of the Act on Probation, etc., and Article 59(1) of the Act on Probation, etc., which are unfavorable to the defendant, such as the fact that the defendant committed a second offense even though he/she had been punished several times for the same kind of crime, shall be determined as the disposition, by comprehensively taking into account the following factors: conditions for sentencing favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.