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(영문) 전주지방법원 2017.10.10 2017고단1392

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 16, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on February 16, 201, and a fine of KRW 2 million for the same crime at the former District Court on March 1, 2014.

However, on July 4, 2017, the Defendant driven CK-7 car volume in the state of alcohol alcohol concentration of about 0.313% from the 10m section of approximately 10m alcohol level to the 699m in front of the Hongjin-gu Seoul Metropolitan Government Public Procurement Service, which was located in 709, in accordance with the so-called "Seoul Metropolitan Government Public Procurement Service" in the front margin.

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. References to inquiries, such as criminal history, and the legal provisions applicable to criminal facts subject to investigation reports (report on confirmation of criminal records), Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the selection of sentence for imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act and Article 62(1) of the community service order and the order to attend a lecture is that a defendant has already been punished by a fine on several occasions due to drinking, etc., even though he had already been sentenced to a punishment due to drinking. In particular, he/she is driving under a very serious drinking condition of 0.313% of alcohol level during driving of the instant case at the time of driving of the instant case, and he/she is under the control of the police dispatched after receiving a report on a one-lane road with the right side of the vehicle and being placed on the front side of the vehicle. The fact that he/she was under the investigation that he/she was under the control of the police, such as denying or she was under the influence of drinking while under the investigation, and taking into account the following circumstances: the defendant's age and occupation, living environment at the time of regulating the Defendant, and alcohol density at the time of alcohol level.