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(영문) 전주지방법원 군산지원 2020.01.17 2019고단1382
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 February 26, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on February 26, 2007

【Criminal Facts】

On July 21, 2019, at around 22:33, the Defendant driven a rocketing car from approximately 2Km section from the front day of the Cice House in Gunsan to the front day of the D hotel in the same City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (previous records and confirmation of a suspect), and copies of summary order Acts and subordinate statutes;

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, and 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 degree of blood alcohol concentration is not lower than 0.079%, etc.);

1. Article 53 and Article 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 other similar criminal record of being punished once due to drunk driving in 2007 and there is no other criminal record of not being sentenced to a fine on two occasions due to external driving without a license, and other consideration of the defendant's age, character and behavior, etc.);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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