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(영문) 전주지방법원 군산지원 2018.11.02 2018고단385
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2007, the Defendant issued a summary order of KRW 2,50,000,000,000,000,000 due to a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on September 14, 2007, and the same court on November 30, 209, for a violation of the Road Traffic Act (driving). However, on April 10, 2018, the Defendant driven a fabd car at the 2km section of approximately 2km from the blood alcohol concentration of around 04:37 on April 10, 2018, while under the influence of alcohol of KRW 0.098,00,00,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Previous convictions indicated in the judgment: Details of inquiries about management of initial reports, response to inquiries, such as criminal history, application of Acts and subordinate statutes to investigation reports (Attachment to the same summary order of the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment (it shall be taken into account that there is an enemy who has been punished twice by driving under drinking, drinking or non-licensed driving, and that the amount of alcohol concentration in blood is not lowered, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity ( Consideration of the fact that there is no record of punishment for drinking until the instant case, including the fact that the Defendant recognized the commission of a crime, the fact that the Defendant was punished by a fine since 1990, and that there is no record of punishment for driving under drinking after being punished for drinking or driving without a license in 2009);

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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