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(영문) 전주지방법원 정읍지원 2013.07.02 2013고단158
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

[criminal power] On December 23, 2010, the Defendant was sentenced to a suspended sentence of 8 months by larceny, etc. at the Incheon District Court, and on August 28, 2007, the same court was sentenced to a fine of 1.5 million won by a fine for a violation of the Road Traffic Act (unlicensed Driving) in the same court on March 20, 2007, and sentenced to a fine of 1 million won by the same court on March 20, 2007, and on June 21, 2004, the Defendant was sentenced to a fine of 8 months by imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on May 22, 2003, and was sentenced to a fine of 1 million won by the Ulsan District Court on May 22, 2003.

【Criminal Facts】

On July 17, 2013, at around 16:32, the Defendant driven B rocketing car within the three kilometers radius from the front road of the “Beung-gu, Haak-gu, Haak-gu, Haak-gu” located in the Yanannan-gun, Yan-gun, North Korea, to the front road of the Yan-si (IC) located in the same military village, while under the influence of alcohol content of 0.104% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of running a motor vehicle;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment, etc.)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime and makes a mistake, and the fact that he/she has not been punished for a considerable period after he/she was punished for the same crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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