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(영문) 전주지방법원 군산지원 2015.07.08 2014고단1176
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 16, 2007, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on December 21, 2007, and the above summary order became final and conclusive on December 21, 2007. On November 9, 2012, the same court issued a summary order of 5 million won of a fine for a violation of the Road Traffic Act at the same court, and on February 18, 2013, the above summary order became final and conclusive.

【Criminal Facts】

On August 31, 2014, at around 21:58, the Defendant driven a wnin-type car under the influence of alcohol leveling of approximately 300 meters from a 300-meter radius to the front line of the Sejong Electric Lighting located in the same city city from the road in front of the restaurant in the name of the next city movable property, the Defendant was under the influence of alcohol leveling of 0.260%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A written appraisal of blood alcohol concentration;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the copy of the judgment), and criminal records, etc.;

1. Article 148-2(1)1 of the Act on the Punishment of Crimes and Articles 148-2(1)1 and 44(1) of the Road Traffic Act that have the reason for sentencing of the defendant, including the fact that the defendant has no criminal record exceeding the fine, etc., the conditions for sentencing favorable to the defendant, the fact that the defendant has been sentenced twice due to drinking driving, the fact that the amount of drinking alcohol in this case belongs to a very high level, it is difficult to find out any particular reflectivity among the defendant, and the fact that the possibility of recidivism is high, etc. that are disadvantageous to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the disposition.

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