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(영문) 전주지방법원 남원지원 2013.05.21 2013고단79
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

On November 27, 2009, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on November 27, 2009, and a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Southern District Court on December 11, 2009.

On April 4, 2013, at around 15:00, the Defendant driven Cschnton car at approximately 700 meters away from the parking box near the parking box where the prohibition is held, to the front road of the tomb in B in the same Ri, while under the influence of alcohol of about 0.054% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports accompanied by criminal records and court records of the same kind of suspect);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act requires a strict punishment in light of the criminal records of a criminal defendant's drunk driving, but considering the details leading to the instant crime and the fact that the level of drinking alcohol was not high at the time

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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