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(영문) 전주지방법원 군산지원 2018.06.08 2018고단248
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

[criminal history] On March 11, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on March 11, 2013, and was sentenced to a fine of KRW 3 million for the same crime at the same court on July 16, 2014.

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven B Ra in the state of alcohol alcohol with approximately 500 meters alcohol concentration at approximately 0.108% from the 50-meter section of alcohol alcohol level to the road in front of the 81st place of singing practice, on November 17, 2017, even though he had been punished twice or more due to driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (three times a violation of Road Traffic Act (drinking driving)), and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity ( Taking into account that there is only the fact that the defendant reflects the crime and that he/she has been punished three times due to driving under drinking, etc.);

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

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

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