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(영문) 전주지방법원 군산지원 2018.09.05 2018고단335
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on June 27, 2008, and on March 26, 2009, issued a summary order of KRW 2.5 million for the same crime by the same court.

On March 22, 2018, at around 22:52, the Defendant driven CFF car under the influence of alcohol by about 0.062% in the section of approximately 200 meters from the 200m to the front road of the next branch of the KB National Bank of Korea, the CF car in the state of alcohol level of about 0.062%, which is located in 63-4, 3:00,00 the 63-4,00,000, in the following city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of personal records of suspect drinking at least twice the same time), application of two copies of judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case again even though he had the same criminal history, it is more favorable that the defendant committed the crime of this case.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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