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(영문) 전주지방법원 2017.09.26 2017고단1203

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2010, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of road traffic law (drinking driving) from the Sungnam branch of Suwon District Court, and on August 5, 2010, issued a summary order of KRW 1,50,000 as a fine for the same crime at the Changwon District Court.

The Defendant driven BMW on June 21, 2017 at the section of approximately 200 meters from the street in front of the “Korea-Japan Pool” in the front of the “Seoul-gu Mansan-si Mansan-si,” even though he had a two-time alcohol driving force, the Defendant driven BMW under the influence of alcohol at approximately 0.066% in front of the “Seoul-do Man-si,” in the same section of 200 meters from the street in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

1. Various circumstances, including the Defendant’s age and occupation, living environment, alcohol concentration during his blood, driving distance, Defendant’s previous conviction, etc., on the grounds of sentencing under Article 62-2 of the Criminal Act of Article 62-2 of the Suspension of Execution of Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, as well as Article 62-2 of the Criminal Act;