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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1529
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On March 15, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

At around 22:00 on October 26, 2019, the Defendant driven a DMW 528i car under the influence of alcohol concentration of 0.113% while under the influence of alcohol concentration of 0.113%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (a copy of the same type of summary order attached), and application of one copy of the summary order under Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (in consideration of the fact that a person drives a motor vehicle on a multiple occasions even though he/she was punished twice due to drinking in 202 and 2015, and that the blood alcohol concentration level is high 0.113%, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, the fact that there is no less punishment than a fine, the distance of a drunk driving is only one meter, and other consideration, such as the defendant's age, character and behavior, occupation, family relationship, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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