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(영문) 전주지방법원 정읍지원 2016.08.25 2016고단289
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 21, 2008, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act in the Jeonju District Court’s Eup branch on November 21, 2008. On June 30, 2010, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the same court on June 30, 201. On June 8, 201, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving).

[2] Although Defendant 1 had a history of driving alcohol more than twice as above, Defendant 2 driven a coo vehicle in C while under the influence of alcohol with approximately 0.09% alcohol concentration at around 200 meters in the section of 200 meters before the road before the police box of the same Riguon Doo-ro, Yon-gun, Yon-ro, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri, Yon-ri.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on criminal records of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. are as follows: (a) the Defendant was punished for the same kind of crime several times; (b) the Defendant’s mistake is against his/her law and is driving; and (c) the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime are considered as a whole, and the punishment is determined as ordered.

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