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(영문) 전주지방법원 군산지원 2015.04.08 2015고단37
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

[criminal power] On March 26, 2009, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 26, 2009, and on July 26, 2010, the same court issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the same court.

【Criminal Facts】

On December 1, 2014, at around 22:39, the Defendant driven a Brocon vehicle with approximately 100 meters alcohol concentration 0.151% under the influence of alcohol, from the front of the main point where it is impossible to identify the trade name in the Sosan-si Mo-si, the Defendant driven a Brocon vehicle from the front of the main point where it is impossible to identify the trade name in the same Dong to the blind distance of the National Bank in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a written judgment) and statutes;

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 work and extenuating circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the violation of a duty-abiding clause and the violation of a duty-abiding clause);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances in the preceding);

1. Order to attend lectures or order to provide community service under 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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