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(영문) 전주지방법원 2017.09.26 2017고단1347

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 23, 2010, the Defendant received a summary order of KRW 2,50,000 from the Jeonju District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the same court on August 27, 2013 to a fine for a crime of violating the Road Traffic Act.

On July 2, 2017, the Defendant driven BNEW franchise from around 500 meters away from the 50-meter section to the front road of the upper 500 meters old sea water rate of 84, which is located in the 18-ro of the front city of the front city of the front city of the front city of the 19:30% alcohol level, while under the influence of alcohol level of 0.28% in the blood, from the front road of the front city of the front city of the front city of the front city of the front city of the Gu.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

1. Observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Mitigation, the age and occupation of the defendant for sentencing of community service and lecture attendance order under Article 62-2 of the Criminal Act, his/her age and occupation, living environment, alcohol concentration in blood during the crackdown, driving distance, and the criminal record of the defendant;