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(영문) 전주지방법원 군산지원 2019.11.29 2019고단1201
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 October 22, 2010, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, at around 22:45 on August 30, 2019, the Defendant driven a fRAN100 (9.89c) Lao in the name of the Defendant’s mother E while under the influence of alcohol 0.196% in a section of about 1km from the B apartment parking lot in Gunsan City to the Dlaundry in front of the Dlaundry site in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes governing summary orders;

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 (it shall be considered not only that a person drives a motor vehicle again even though he/she was punished once due to drinking, but also that a person drives a motor vehicle again, and that a blood alcohol concentration is high to 0.196%);

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 extra-identical criminal records which have been punished by a fine for drunk driving in 2010, and other consideration of the defendant's age, character and conduct, family relationship, criminal record, 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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