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(영문) 전주지방법원 군산지원 2017.08.11 2017고단575
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 28, 2006, the Defendant received a summary order of KRW 4 million due to a violation of road traffic law (drinking) at the Gunsan Branch of the Jeonju District Court. On June 14, 2007, the Defendant was sentenced to a suspended sentence of KRW 2 million for August due to a violation of road traffic law (drinking) at the same court on June 14, 2007. On March 31, 201, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic law (drinking) at the same court on March 31, 201. The same

5. 18. The same court was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act;

[2] On May 23, 2017, the Defendant driven a B-hand car under the influence of alcohol content of 0.143% from a section of about 500 meters to the vicinity of the knive apartment in the vicinity of the knive apartment that is located in the Gunsan City, around 22:45, the Defendant driven the B-hand car in the state of under the influence of alcohol content of 0.143%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of a suspected violation of traffic laws on roads;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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