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(영문) 전주지방법원 2018.01.30 2017고단2016

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2006, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court, and on September 17, 2009, sentenced to a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court.

However, the Defendant, while under the influence of alcohol level of 0.168% on August 19, 2017 at around 01:30, the Defendant driven a 2 km section in front of a restaurant located in the Soak-gu Seoul Metropolitan City in Jeon-gu, Jeoncheon-gu, Jeoncheon-gu, Jeoncheon-gu, Jeonju-si, with approximately 2 km from the front of the church.

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. In light of various circumstances, such as the Defendant’s age, occupation, living environment, and alcohol concentration and driving distance during blood transfusion, even though the Defendant had been punished for a fine due to drinking under Article 62-2 of the Criminal Act on the grounds of sentencing of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3 of the Punishment of Minimum Quantity Reduction Criminal Act, even though he/she had previous record of being sentenced to punishment for driving under drinking, and other circumstances such as the Defendant’s age, occupation, and living environment;