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(영문) 전주지방법원 군산지원 2014.05.21 2014고단72
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 18, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Jeonju District Court on December 18, 2007, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Hongsung Branch of the Daejeon District Court on December 31, 2012, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at least twice.

【Criminal Facts】

On January 10, 2014, at around 22:00, the Defendant driven Ck7 car under the influence of alcohol content of about 0.184% at a section of about 50 meters in front of the parking lot set in front of the Yansan Police Station located in the Masan-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment of the same summary order) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Probation, etc. Act, despite the Defendant’s history of driving under drinking on several occasions, the Defendant’s responsibility for driving under the same case’s drinking. However, the Defendant’s favorable sentencing conditions such as the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., are considered as follows: (a) although the Defendant had been under the influence of driving under the influence of alcohol on several occasions, the Defendant’s responsibility for driving under the same case’s drinking. However, the sentence as the order is determined by comprehensively considering

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