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(영문) 전주지방법원 군산지원 2015.11.02 2015고단805

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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 July 14, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for the violation of the Road Traffic Act in the Jeonju District Court's military mountain support on July 14, 2008, and a summary order of KRW 2,00,000 to a fine for the same crime in the same court on November 29, 201.

As above, the Defendant is a person who violates Article 44(1) of the Road Traffic Act at least twice.

On June 2, 2015, at around 17:30, the Defendant driven a freight vehicle from approximately 100 meters to the cafeteria parking lot located in the same Dong from the day before the restaurant where the trade name in the Gunsan Port cannot be known under the influence of alcohol level of 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that it is deemed that a person will not drive under the influence of alcohol, and that there is no criminal record subject to a heavier penalty than a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;