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(영문) 전주지방법원 군산지원 2013.10.30 2013고단1087
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 12, 2006, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court on October 12, 2006, a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the same court on May 4, 2007, and a fine of KRW 5 million in the same court on December 5, 2007 in the same court on December 15, 2007. A person who had been sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the same court on July 15, 2010.

On August 6, 2013, at around 03:30 on August 6, 2013, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.067% at the 1km section from the roads in front of the mutually aesthetic city movement to the roads in front of the electronic Ireland distance in the Gunsan City Movement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report on the actual condition of traffic accidents, photographs of traffic accidents, and inquiry into the results of crackdown on drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (report accompanied by a copy of judgment);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under the main sentence of Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, Etc., although the defendant has a number of identical military records, the defendant is remarkably divided, and the drinking value is not high, and the defendant finds and does not cause an accident due to an accident on the crosswalk, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., such as the discovery of a person who crosses the red signal without permission on the crosswalk, and the fact that the defendant does not cause an accident, shall be determined as ordered by the sentence.

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