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(영문) 전주지방법원 군산지원 2015.10.19 2015고단685
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On July 26, 2010, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Jeonju District Court’s Military Mountain Branch on July 26, 2010, and on April 28, 2015, the above court issued the summary order of KRW 2 million as a fine for the same crime.

On April 24, 2015, at around 22:11, the Defendant driven a B B B B-T car with a blood alcohol concentration of about 0.174% from the 400-meter radius to the lower-class road of the lower-class entrance in the same city-type document from the front of the airfield located in the Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that a person is willing not to drive under drinking, and that a person has no record of being punished heavier than a fine, even though the person has been sentenced twice more than the previous conviction in the judgment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;

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