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(영문) 전주지방법원 군산지원 2019.10.11 2018고단598

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.


Punishment of the crime

On March 26, 2012, the Defendant issued a summary order of KRW 4 million to a fine of KRW 5 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 26, 2012, in the same court on November 1, 2012, and in the same court on May 14, 2014, the summary order of KRW 5 million was issued, respectively.

On April 24, 2018, the Defendant driven DCA 100 Obaba on a road near the “C” located in the military city B while under the influence of alcohol 0.365% of blood alcohol level around 20:27.

around April 24, 2018, the Defendant, on April 27, 2018, cut off the victim E-owned land of KRW 200,000,00,000, which was parked in front of C in Gunsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

Summary of Evidence

"2018 Highest 598"

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. For previous records of judgment: Criminal history records, investigation reports (verification of criminal records of the same kind - attachment of summary order), three copies of summary order "2018 Highest 670";

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of photographic Acts and subordinate statutes after closure;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 329 of the Criminal Act; Articles 329 of the Criminal Act; and the choice of imprisonment (in the previous case, there are two times for drinking, drinking, and non-licensed driving; the degree of blood alcohol content is higher than 0.365%, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fact that the victim of larceny under Article 62(1) of the Criminal Code was agreed smoothly with the victim of larceny under Article 62(1) and there was no previous punishment for larceny, and there was no punishment heavier than a fine due to drunk driving.