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(영문) 전주지방법원 정읍지원 2017.09.21 2017고단279

도로교통법위반(음주운전)

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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

On June 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million on October 22, 2013 for a crime of violating the Road Traffic Act (drinking driving) in the support of the Daejeon District Court on June 3, 200.

around 21:55 on July 2017, the Defendant driven BM5 car under the influence of alcohol content of approximately 0.221% from the 3km section of blood alcohol to the 163-day middle-distance road in the same Eup/Myeon, from the front day of the “YYYY YY YY YY YY YY YY YY YY YY YY YYY YYY YYY YYY YYY YYYY YYYY YYY YYY

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable consideration, such as the reflection of errors, the driving of compliance, and the absence of previous convictions exceeding fines);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;