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(영문) 전주지방법원 군산지원 2019.02.22 2018고단1286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 27, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a summary order of KRW 5 million for the same crime from the same support on July 26, 2010.

【Criminal Facts】

Although the Defendant had been under suspicion of violation of the Road Traffic Act more than twice as seen above, the Defendant driven a E rocketing car under the influence of 0.203% of blood alcohol level from around 23:33 October 8, 2018 to around 4:43, 2018, the Defendant was under the influence of alcohol leveling from around 700 meters in the 700m section, from around 4:33, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to summary orders issued by a suspect for a violation of the Road Traffic Act), and application of two-yearly Acts and subordinate statutes of summary orders;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (in consideration of the fact that there was a history of punishment once for drunk driving after 2004, once for drinking and non-licensed driving, twice for non-licensed driving, twice for non-licensed driving, and the fact that blood alcohol concentration exceeds 0.203%, etc.);

1. Consideration for discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and reflects the crime, and that there is no criminal record heavier than a fine for a crime related to traffic, such as drunk driving, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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