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(영문) 전주지방법원 군산지원 2019.11.29 2019고단1288
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court's Gunsan Branch as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 23, 2019, the Defendant was under the influence of alcohol with 0.085% of blood alcohol concentration at around 22:25, the Defendant driven an era vehicle at approximately 500 meters from the front of the “Ccafeteria” road in the Gunsan-si B to the front road of the D apartment in the same city.

As a result, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Statement of the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (in addition, even though a person was punished once due to drinking, etc., he was engaged in driving at once, and the blood alcohol concentration is not lower than 0.085%, and considering the fact that the blood alcohol content is not lower than 0.085%, and that the circumstances after the crime are not good after the escape, such as dumping the vehicle that a person bl

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the commission of a crime is recognized and reflected, the fact that there is no record of a crime other than the punishment imposed once on a drunk driver in 2014, and there is no record of a crime other than the punishment imposed once due to a drunk driver in 2014, and the fact that the defendant has been punished once due to a crime other than the punishment imposed once

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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