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(영문) 전주지방법원 2016.03.22 2015고단2093

도로교통법위반(음주운전)

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on February 1, 2007, and on November 25, 2009, the same court issued a summary order of KRW 2 million for the same crime in addition to the issuance of a summary order of KRW 2 million for the same crime, the same criminal records are more than twice.

On November 29, 2015, the Defendant driven at around 19:37, 201, the Defendant driven 20 meters high Ewing and 3 freight cars on the front side of the former North west-gun while under the influence of alcohol content of 0.221%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person suspected of violating traffic Acts on roads;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. Investigation report (F by proxy driver);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous conviction of the suspect and copies of the summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had been punished for the same crime four times, and the Defendant again committed the instant crime under four names; and (b) the degree of the Defendant committed the instant crime is very serious in the instant crime.

However, there are some circumstances to consider the circumstances leading to the instant crime (in the course of returning home due to a substitute driving, a substitute driver returned to the place near the defendant's house while the defendant was living together while driving on his behalf, and he left the vehicle on the road, and the defendant left 20 meters away from the vehicle stopping on the road, and he did not have a criminal record exceeding the fine, and the fact that he seriously reflects his mistake is favorable to the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, and environment, are imposed.