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(영문) 전주지방법원 군산지원 2016.01.08 2015고단1026
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 December 11, 2007, the Defendant issued a summary order of KRW 4 million (0.204%) on a charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Militarysan Branch of the Jeonju District Court (0.204%) on a summary order of KRW 2 million (0.079%) on a charge of violating the Road Traffic Act (driving) at the same court on December 26, 201, and issued a summary order of KRW 2 million (0.079%) on a charge of violating the Road Traffic Act at least twice.

On September 24, 2015, around 18:14, 2015, the Defendant driven a B 3 freight vehicle with alcohol level of about 0.203% while under the influence of alcohol level from approximately 300 meters from the street in front of the Republic of Korea located in the same Eup and in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written consent to blood collection, a report on detection of a primary driver, and a statement in the circumstances of the primary driver;

1. Requests for blood appraisal, response to requests for appraisal, and reports on the detection of drivers in charge of such appraisal (the application of the aforementioned marks);

1. Investigative report (in relation to the suspect's blood alcohol concentration at the time of an accident), the investigation report;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 200)

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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