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(영문) 전주지방법원 군산지원 2013.04.10 2013고단208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court, and the above summary order became final and conclusive on January 6, 2007, and on February 26, 2007, the same court issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, etc., and the above summary order became final and conclusive on April 19, 2007.

On February 20, 2013, at around 05:10, the Defendant driven a B rocketing car with approximately 5 km alcohol concentration of 0.174% from the front of 7080 Jeju-dong, Simsan-dong, to the front of the E1 charging Station located in the same Simamamb.

Summary of Evidence

1. Defendant's legal statement;

1. On-site and vehicle photographs, reports on detection of drivers, and circumstantial statements of drivers;

1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (a copy of the same summary order attached) Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant has been punished for the same kind of crime two times, his/her previous records are divided in depth and that he/she has no previous record of imprisonment without labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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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