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(영문) 전주지방법원군산지원 2020.09.16 2020고단679
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 August 13, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On April 3, 2020, at around 21:38, the Defendant driven a C-B car under the influence of alcohol by 0.127% from the section of about 40km to the point of 67.8km on the west Coast Highway, which is located in the same east-gun B market in the same east-gun.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of the drinking regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports, previous dispositions, and results of confirmation of the previous dispositions;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant is recognized and against the crime of this case, the fact that the defendant was punished for the crime of driving under the same kind of drinking, and other circumstances of all kinds of sentencing recorded in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime of this case, shall be determined as ordered

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