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(영문) 전주지방법원 군산지원 2016.05.04 2016고단27

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

Reasons

Punishment of the crime

On March 14, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on March 14, 2008, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Jeonju District Court on March 23, 2016.

Although the Defendant had had a alcohol driving force twice or more as above, on December 17, 2015, around 21:30, the Defendant driven a Cya car in the state of under the influence of alcohol content of about 0.15% from a 300-meter range from the niver in the niver of Sinsan-si, Sinsan-si, Sinsan-si to the niver road located in the same Dong from the niver road to the niver road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The criminal defendant, who has been subject to two times punishment due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, is deemed to have driven alcohol, and the nature of the crime is not weak, but the criminal defendant recognizes his/her mistake and reflects his/her mistake, has no record of being punished exceeding the fine due to the same kind of crime, and other circumstances constituting the conditions for sentencing, such as the defendant's age, sex behavior and environment, shall be determined as ordered by taking into account such