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(영문) 전주지방법원 군산지원 2020.05.13 2020고단139
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 Facts】

On July 11, 2018, the defendant received a summary order of 1.5 million won as a crime of violating the Road Traffic Act in the Jeonju District Court's military mountain support.

[Criminal Power] Around January 5, 2020, the Defendant driven a horse-type car under the influence of alcohol content of about 0.063% from the 3km section from January 5, 2020 to the front of the D apartment road of the same Si, the Defendant driven a horse-type car under the influence of alcohol content of about 0.063%.

As a result, the Defendant once or more persons who violated the prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act, reporting on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking and driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Evidence Nos. 14), application of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) recognition of the crime of this case with the reason for sentencing; (b) there is no record of criminal punishment exceeding the fine; (c) the fact that there was a record of punishment for the crime of drunk driving; and (d) the Defendant’s age, character and conduct, environment, and the circumstances before and after the crime of this case; and (b) the conditions

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