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(영문) 전주지방법원 군산지원 2015.09.21 2015고단748
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 September 27, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on September 27, 2010, and a summary order of KRW 3 million for a fine in the same court on December 27, 201, respectively.

On July 18, 2015, at around 00:45, the Defendant driven B-low-scale car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.138% from the front of the hospital in the Young-si, Yasan-si to the front intersection in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control 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: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that there appears to repent and reflect miscompetence, that there is a family member to be supported, and that there is no criminal power of the same kind except for the previous conviction in the judgment);

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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