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(영문) 전주지방법원 군산지원 2020.01.17 2019고단1419
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2008, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On October 23, 2019, at around 18:55, the Defendant driven an E E-cub vehicle from the C parking lot located in Isan-si B to the front road of the entrance of D at the same time, while under the influence of alcohol of 0.143% of alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (previous records and confirmation of a suspect), and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in addition, even though a person was punished once due to a drinking driving, etc., considering not only the person was engaged in a drinking and the blood alcohol concentration is 0.143% higher, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the commission of a crime is recognized and reflected, the fact that there is no other similar criminal records other than the punishment imposed once due to drunk driving in 2008 and no punishment has been imposed higher than the fine for this paper crime, and other consideration of the defendant's age, character and conduct, etc.);

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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