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(영문) 전주지방법원 군산지원 2015.09.02 2015고단589
도로교통법위반(음주운전)
Text

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 March 8, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on December 12, 201 as the same crime, respectively.

On May 29, 2015, at around 23:00, the Defendant driven BM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.153% from the 3km section of approximately 3km to the 4rd apartment 604 in front of the 4rd apartment in the Dong-dong of the same Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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 (i.e., that there seems to have been penances and that there is no record of punishment except for the previous crimes);

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.;

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