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(영문) 전주지방법원 남원지원 2017.05.16 2017고단44

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On July 21, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) with the support of the Southern District Court of the Jeonju on July 21, 2006, and on June 19, 2015, the Defendant was issued a summary order of KRW 4 million with the same crime in the same court.

On February 28, 2017, while under the influence of alcohol 0.079% during blood transfusions, the Defendant driven a c1 ton cargo vehicle from the section of about 15 km in the same City/Do road from the front of the Hatin elementary school in the same City/Do road to the front of the church.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver of a driving vehicle, report on the results of regulating the driving of drinking, and register of the user of a drinking measuring instrument;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and the application of investigation report-related 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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

Until now, the defendant has been subject to criminal disposition for the same kind of crime on two occasions as stated in its reasoning.

It is inevitable to sentence imprisonment, which is a punishment corresponding to the criminal responsibility of the defendant.

The defendant has expressed his/her intent not to drive alcohol, such as transferring a vehicle that he/she had to another person.

- There is no record of criminal disposition against the defendant for a crime other than drinking.