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(영문) 전주지방법원 군산지원 2014.06.18 2014고단325
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

On April 3, 2014, at around 21:05, the Defendant driven B rocketing car under the influence of alcohol content at approximately 0.248% from the 1km section to the 105 parking lot of 105 Gayang-dong, Hasan-si, Hasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. have served as the defendant who had been punished once due to drunk driving, and thus repeatedly commits the instant crime, the defendant's awareness of and against mistake in the crime, the defendant's performance of compliance driving, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the Disposition.

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