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(영문) 전주지방법원 정읍지원 2016.12.15 2016고단447
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

On March 3, 2009, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on December 7, 2010.

On September 8, 2016, at around 03:15, the Defendant driven a motor vehicle at the horse in B, under the influence of alcohol concentration of approximately 0.156%, from a 2km section to a sampling tunnel, in front of a drinking house, where it is impossible to identify the trade name in the upper Dong of a Jung-Eup-si, the front day of the drinking house to the road in front of the sampling tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on circumstantial statements of a drinking driver and the usage register of a drinking measuring instrument;

1. Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that he commits an error and the fact that he commits a compliance operation);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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