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(영문) 전주지방법원 남원지원 2015.11.10 2015고단198

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

Reasons

Punishment of the crime

On August 9, 2015, at around 22:30, the Defendant driven a BM7 car under the influence of alcohol content of about 0.101% in a section of about 30km from the front of a mutually influent shop in the front of the Geong-gun, the Masan-gun, the Net Chang-gun, the Maok-ro, the 145-8 Maok-do, the front of which is located in the Gesung-gun, the GM7 car.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notification of the result of drinking control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, despite the fact that the defendant had already been punished for drinking driving, again led to drinking driving in this case, and the fact that the distance of drinking driving in this case is considerably long is disadvantageous to the defendant.

However, considering the fact that the defendant reflects the defendant, that the defendant did not commit the same kind of crime for a period of about five years after he was punished for a drunk driving in 2009, the fact that the defendant supported his family, the circumstances favorable to the defendant are considered, and all other sentencing conditions specified in the arguments of this case shall be determined like the order, taking into account all other sentencing conditions specified in the arguments of this case.