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(영문) 전주지방법원 2018.06.05 2018고단293

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2017, under the influence of alcohol content 02:10%, the Defendant driven a Bra vehicle at the section of approximately 2.5 km-ro 39 km-ro prior to the front point of the trade in the Jinjin-gu in the Jeonjin-gu in the Jeonjin-gu in the Jeondong-gu in the Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order is that the Defendant, even though having been punished several times due to drinking, was engaged in driving under drinking, and the alcohol concentration in blood is also very high.

However, since the defendant is against the defendant, he was punished by a fine for drinking driving in 2002, he was not under the influence of drinking, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual behavior, family relationship, environment, circumstances and result of the crime, etc., shall be determined as ordered by taking comprehensive account of the following circumstances.