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(영문) 전주지방법원 군산지원 2019.01.30 2018고단1076
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 27, 200, the defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jeonju District Court's Gunsan Branch on November 27, 2000, a summary order of KRW 1.5 million for the same crime in the same court on March 12, 2003, and a summary order of KRW 1 million for the same crime in the same court on May 2, 2005.

【Criminal Facts】

Around 12:50 on August 17, 2018, the Defendant driven an Efranchising motor vehicle from the roads near Jeonbuk-si, Gun, U.S. to the roads near “D convenience stores” located in the same Si C, while under the influence of alcohol by 0.327%.

around 06:30 on August 17, 2018, the Defendant driven Gpoter 2, while under the influence of alcohol leveling of about 0.318% from the 1km section to the front of the F apartment, the Defendant was driving a Gpoter 2 truck at the front of the Defendant’s house located in the Masan-si, Sinsan-si, Sinsan-si.

Summary of Evidence

"2018 Highest 1076"

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving "2018 Highest 174";

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture had three times the record of punishment of a fine due to drinking driving, the Defendant committed the instant crime again, the fact that the blood alcohol concentration level exceeds 0.327%, and that the Defendant driven a drinking again immediately after driving under the influence of alcohol. However, the Defendant’s mistake is disadvantageous.

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