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(영문) 전주지방법원 군산지원 2020.05.25 2020고단39
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 1, 2007, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 1, 2007.

【Criminal Facts】

On December 6, 2019, at around 05:58, the Defendant: (a) planned a vehicle under the influence of alcohol by 0.151% from the 10km section to the 65km point in the direction of the Jindo Highway from the front day of the mutual influence in the Sejong-si movement to the 65km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, etc., report on the state of driver's standing statement, notification on the results of the control of drinking driving, investigation report (Evidence No. 6) and on-site photograph;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 14) and the application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act recognize and reflects the crime of this case for the reason of sentencing, the fact that there was a record of punishment for the crime of driving under the same kind of drinking, and other conditions of all the sentencing as shown in the records, such as the defendant's age, character, conduct and environment, and the circumstances before and after the crime of this case

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