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(영문) 전주지방법원 남원지원 2016.02.16 2015고단285
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On August 7, 2009, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 3 million for the same crime at the same court on March 28, 2014.

On December 15, 2015, at around 22:00, the Defendant driven a motor vehicle from the front of a member of the Dowon-dong, Namwon-si, Seoul, to the front of the center located in the Dong-dong, Dong-dong, Dong-dong, with approximately 1km alcohol content of about 0.114% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. A criminal investigation report (suspect's result of collecting blood);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the summary order);

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

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Order to Attend the lecture, despite the fact that the defendant had been punished three times due to drinking driving, again re-offending the crime is committed under the conditions unfavorable to the defendant, but the defendant reflects the fact that the defendant is a person with severe disability, the defendant is currently a person with severe disability, and the defendant is only a person with severe disability due to the same kind of crime, considering the circumstances favorable to the defendant, and determining the punishment like the order, taking into account all the all

It is so decided as per Disposition for the above reasons.

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