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(영문) 전주지방법원 군산지원 2018.09.14 2018고단796
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On September 14, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's application on September 14, 2006, and a summary order of KRW 2.5 million for the same crime from the same support on March 14, 2008.

[2] The Defendant: (a) who violated Article 44(1) of the Road Traffic Act more than twice as seen above and driven a walp car under the influence of alcohol at approximately 0.186% of alcohol content in the 30-meter section from the road adjacent to the postal name located in the Yansi-dong of Busan Metropolitan City on June 3, 2018 to the walp road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of criminal records of the same kind as the suspect), and application of two copies of the summary order decision;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of imprisonment (in consideration of the fact that there has been two times of past records of punishment for driving under drinking, and that the amount of alcohol concentration in the blood is considerably high, etc.);

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Quantity (Consideration to the following: (a) Consideration is made: (b) the Defendant acknowledges and reflects the commission of a crime; (c) the commission of a fine; and (d) the commission of a fine; and (c) the commission of a person who was punished for driving under drinking in 2008 to the instant case: (d) the commission of a person who was

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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