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(영문) 전주지방법원 군산지원 2015.02.25 2014고단1206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 25, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on August 9, 2012.

On October 11, 2014, at around 00:19, the Defendant driven a bomb car under the influence of alcohol leveling of about 0.088% in the 300-meter section from the front day of the Hop House where it is impossible to identify the trade name located in the Northwest-dong in the Sinsan-si, Sinsan-si to the front day of the GS25 military happiness store in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the numerical value of blood alcohol concentration and the fact that he/she does not drive under the influence of alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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