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(영문) 전주지방법원 군산지원 2015.10.26 2015고단733
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On November 16, 2007, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the above court on October 30, 2008.

On July 2, 2015, at around 06:00, the Defendant driven B AW-purd-pured vehicle with approximately 30km alcohol concentration of 0.126% from the 30km section to the front road of the Sinsan-si Masan-si, located in the Gunsan-si movable property zone.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry about the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no criminal record other than those before the market, and that a person again is willing not to drive under the influence of alcohol);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in 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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