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(영문) 전주지방법원 군산지원 2019.02.15 2018고단1231
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on August 21, 2014, and on November 26, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on October 3, 2018, at around 13:00, the Defendant driven a e-low-income motor vehicle under the influence of alcohol with approximately 0.093% of alcohol content from the 200m section to the front road of the D apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Before holding: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for drunk driving);

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 (1) 1 of the Road Traffic Act of the choice of a sentence, and the choice of imprisonment ( Consideration of the fact that there are records of punishment twice due to the driving of sound, and that the blood alcohol concentration is not low, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration to the fact that the accused acknowledges and reflects the crime and that there is only the past record of punishment of fines twice due to the same kind of crime);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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