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(영문) 전주지방법원 군산지원 2018.08.17 2018고단675
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 history] On December 28, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Dong District Court in Seoul, the summary order of KRW 2 million for the same crime from the Suwon District Court in June 27, 2008, and the summary order of KRW 4 million for the same crime from the Suwon District Court in December 14, 201 to the same crime.

[2] The Defendant, as seen above, driven a B car with alcohol content of about 0.073% from the 1km section to the front road of the Sinsan-si located in the Gunsan-dong on June 2, 2018 to the 3rd road of the Sinsan-si located in the same Sinsan-si Sinsan-si, on the 23:10 on June 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report on the circumstances of the driver at home;

1. Previous convictions indicated in the judgment: Details of inquiries about management of initial reports, references to inquiries, such as criminal history, and application of the statutes governing investigation reports (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the selection of imprisonment, and the fact that the defendant has been punished three times due to drinking, but he/she is driving under the influence of drinking in this case);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering that there is only the past record of being punished by a fine on three occasions due to driving under drinking, and that the amount of alcohol concentration in blood is not high enough);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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