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(영문) 전주지방법원 군산지원 2018.08.08 2018고단512
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

[Power of crime] On August 27, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on August 27, 2009, and a summary order of KRW 1.5 million for the same crime in the same court on December 28, 2009.

[2] The Defendant: (a) was a person who has been punished twice or more due to the crime of violating the Road Traffic Act (driving of alcohol); (b) was driving a B car in the state of under the influence of alcohol leveling about 0.052% of alcohol level in the 5km section of approximately 5km from the front side of the sand company located on the front side of the Namnam-si, Namwon-si on May 1, 2018 to the front side of the 280-rolon road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of a person suspected of violating traffic laws on roads, the notification of the results of regulating drinking driving, and the statement of the situation of the driver suspected of driving on roads;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same criminal records as the suspect), - Application of the summary order statute;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed again the crime of this case even though he had the same criminal history, is disadvantageous circumstances, but it is favorable that the defendant's mistake is divided.

In full view of these circumstances and the defendant's age, sex, environment, motive, means and result of the crime, the sentencing conditions as shown in the pleadings shall be determined as ordered.

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