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(영문) 전주지방법원 군산지원 2018.09.14 2018고단693

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

[criminal history] On October 20, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving in drinking), in support of the Sungnam branch of Suwon branch of Suwon branch of Korea on October 2009, and was sentenced to a fine of two million won for the same crime in the same support on October 4, 2010.

[2] On May 30, 2018, the Defendant driven B rocketing car from around 2 km to the road front of the YYYYYYYYYYY 0.067% under the influence of alcohol during blood transfusion around 22:17, the Defendant driven the B rocketing car from around 2km to the road front of the YYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYY

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction and report on confirmation of the suspect);

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (it shall be taken into account that, even if there was a history of punishment twice due to driving under drinking, it reaches the driving under the influence of drinking in this case, even if there was a history of punishment twice due to driving under the influence of drinking);

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., the fact that the accused acknowledges and reflects a crime, only the fact that the defendant has been punished twice by a fine, and that the amount of alcohol concentration in blood is not significantly high);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;