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(영문) 전주지방법원 2018.07.03 2018고단492

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 24, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws (driving alcohol) at the Jeonju District Court on July 17, 2008, and was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws (driving alcohol) at the Jeonju District Court on July 17, 2008. On September 10, 2015, the Jeonju District Court sentenced the Defendant to nine months of imprisonment for a crime of violating the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Jeonju District Court on September 10, 2015, and was released on December 23, 2016 and passed the parole period on April 9, 2017.

[ criminal facts] On December 01, 201, the Defendant driven a 200-meter section from the front and front of the front city of the Jeonju City to D in front of the Jeonju City under the influence of alcohol content of 0.129% in blood around 00:45 on December 201, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous convictions, etc. for repeated crimes), and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to not repeat the crime, such as disposing of vehicles, etc.

The fact that the driving of drinking is being punished by a fine on two occasions, and the fact that the driving of drinking is punished by a fine is favorable to the defendant.

However, even though the defendant had been punished twice or more as such, he did so without being able to do so during the period of repeated crime which has not yet passed after being released.

In this context, the defendant's age, sex, family relationship, environment, and other circumstances shown in the argument of this case shall be comprehensively considered and the sentence shall be determined as ordered.