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(영문) 전주지방법원 2017.08.22 2017고단905

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

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million at the Jeonju District Court on October 8, 2010, and was sentenced to a suspended sentence of KRW 1.5 million on January 3, 2014 for the same crime, etc.

Although the Defendant had had a history of driving alcohol more than twice as above, at around 05:50 on April 13, 2017, the Defendant driven a E food car under the influence of alcohol content of 0.079% while under the influence of alcohol content at the section of approximately five meters inside the head of the Yansan-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity and the provision of Article 62-2 of the Act on the Suspension of Execution of Sentence 62(1) of the community service order and the provision of order to attend a lecture even though the defendant had already been punished twice due to drinking, etc., and the driving of drinking at once, other circumstances, such as the defendant's age, occupation, living environment, and driving distance, etc.