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(영문) 전주지방법원 군산지원 2015.11.09 2015고단906
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 18, 2006, the Defendant received a summary order of KRW 2 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. on February 11, 2009, a summary order of KRW 7 million for the same crime, etc. in the same court on February 11, 2009, and a summary order of KRW 5 million for the same crime on April 20, 2012 from the Gunsan Branch of the Jeonju District Court.

On August 29, 2015, at around 23:45, the Defendant driven an Epoter cargo vehicle under the influence of alcohol level of about 0.211% from the front side of the C parking lot located in the following city B to D in the same city.

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: Considerations, such as the fact that there appears to repent and reflect the wrongs, that there is a family member to be supported and that there is no history of being punished heavier than the fine for the same kind of crime;

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

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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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