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(영문) 전주지방법원 2018.08.14 2018고단970

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On May 31, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, and was issued a summary order of KRW 2.5 million for the same crime in the same court on July 12, 2010, and was issued a summary order of KRW 8 million for the same crime in the same court on September 30, 2013.

[2] On May 3, 2018, around 02:05, the Defendant driven a C low-paid car with alcohol content of about 0.084% from the portion of approximately 7km to the road front of the department of Gojin-gu's family located in the same 7km Eup in the same Gun from the day before the cafeteria-gun-gun-Eup located in the Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. The Defendant, who had been punished several times due to the drinking alcohol driving on the grounds of the sentencing of Article 62-2 of the Criminal Act, including community service and lecture attendance order, is subject to criticism even though the Defendant was sentenced to a suspended sentence due to his refusal of drinking alcohol measurement in 2013.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, family relation, environment, background and result of the crime, circumstances after the crime, etc., which are against the defendant, and the considerable period from the time of the sentence of the above suspension of execution.