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(영문) 전주지방법원 정읍지원 2017.11.30 2017고단398

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 January 10, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on December 27, 2013, a summary order of KRW 4 million for the same crime from the Jeonju District Court’s Eup branch.

On August 27, 2017, the Defendant, from around 02:30 on the 02:30 on the road in front of the upper East East-dong cafeteria to the front road of the 5km-si, Sin-si, Sin-si, the Defendant, at approximately 0.154% alcohol concentration in blood, driven a B-TWn and driven a spare vehicle in the influence of alcohol level from around 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. are as follows: (a) even though the Defendant was sentenced twice to a fine due to drinking, the Defendant is not responsible for driving his/her motor vehicle in his/her drinking condition; (b) the sentencing conditions unfavorable to the Defendant; (c) the Defendant was committed at the time of committing a crime; (d) the Defendant has no record of committing a crime exceeding the fine; and (e) the Defendant’s performance of compliance; and (e) the sentencing conditions favorable to the Defendant, such as the Defendant’s age, sex behavior, environment, motive and background of the crime; and (e) the various sentencing conditions as shown in the instant argument, including