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(영문) 전주지방법원 군산지원 2020.01.31 2019고단1475
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 January 18, 2007, the Defendant received a summary order of KRW 2 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on September 30, 2009, a summary order of KRW 1.5 million for the same crime in the same court on September 30, 2009, and a summary order of KRW 5 million for the same crime in the same court on October 11, 2013, respectively.

【Criminal Facts】

On October 201, 2019, at around 20:55, the Defendant driven Dsch-sports cargo vehicles at approximately 0.060% of blood alcohol concentration from the 1km section to the above C road via the long-distance between South and North Korea, as the Corporation of Kunsan, at around 20:5, the Defendant was under the influence of alcohol at around 1km.

Accordingly, the Defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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 (with prison labor in 2007, 2009, and 2013, considering the fact that a person has been punished three times for drunk driving in 2007, 209, and 2013;

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 the fine due to drunk driving, and other consideration given to the defendant's age, character and conduct, 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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