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(영문) 전주지방법원 2016.08.16 2016고단574

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On June 10, 200, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million with a fine of KRW 1 million with a crime of violating the Road Traffic Act at the Jeonju District Court on June 10, 200, a summary order of KRW 2 million with the same court on February 26, 2004, a fine of KRW 1.5 million with the same court on June 9, 2005, a summary order of KRW 1.5 million with the same court on August 25, 2005 due to a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 3 million with the same court on March 29, 2007, each of the crimes of violating the Road Traffic Act (drinking) at the Jeju District Court on May 23, 2012, with a fine of KRW 3 million with a fine of KRW 1.6 million with a fine of KRW 3 million with a fine of KRW 1.6 million with the Road Traffic Act (d Drinking).

On April 28, 2016, at around 22:54, the Defendant driven C Poter vehicle under the influence of alcohol concentration of about 0.112% in the 4km section from the front of the restaurant in which it is impossible to identify the trade name located in the yellow Doksan-si, Kim Jong-si to the front of the New Pung-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, the 278-ro, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on control of a person subject to the traffic laws on roads (referred to the table of evidence No. 1);

1. Statement report on the situation of a driver driving a drinking, notification on the results of regulating drinking driving, and report on the situation of driving a drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and a copy of the judgment);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) include the following: (a) the defendant had been punished on seven occasions as stated in the previous conviction, and was sentenced to suspended sentence due to drinking driving, etc.