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(영문) 전주지방법원 군산지원 2018.11.30 2018고단900

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2008, the Defendant received a summary order of one million won or more as a fine for a violation of road traffic law in the Jeonju District Court's Gun mountain support, a summary order of 1.5 million won or more as a fine for the same crime from the same support on October 29, 2009, and a summary order of 2 million won or more as a fine in the Daejeon District Court's Hongsung Branch support on September 10, 201, respectively.

On July 12, 2018, the Defendant driven a B rocketing vehicle on his own under the influence of alcohol with approximately 0.111% of alcohol concentration from around 500 meters from the 500-meter radius from the sloping road in the sloping area in the sloping area in the Maternal Zone in the Maternal Zone in the Maternal Zone in the Maternal Zone in the Maternal Zone in the Maternal Zone.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: To refer to inquiries about the results of crackdown on driving alcohol, replys to inquiries, such as criminal history, and apply Acts and subordinate statutes to investigation reports (Attachment reports to summary orders);

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (the consideration of the fact that there is an enemy who has been punished twice by driving under drinking, drinking or non-licensed driving, and the fact that the amount of alcohol concentration in blood is high, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act provides that: (a) only the fact that a defendant acknowledges and reflects a crime; (b) the fact that he/she was punished by a fine; (c) there is no enemy who was punished

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;