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(영문) 전주지방법원 정읍지원 2016.11.22 2016고단434

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act from the same support on October 10, 2013, respectively.

Although the Defendant had been punished twice or more due to drunk driving, on September 15, 2016, at around 00:57, the Defendant driven B wing-pon truck under the influence of alcohol with approximately 0.083% of alcohol alcohol concentration from the 2km section of approximately 2km to the roads of convenience store in the same military interest-based, from the vicinity of put place place place place place and place place, which is located in the interest of the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun (CU).

Summary of Evidence

1. Defendant's legal statement;

1. The details of the circumstantial statement of a drinking driver, and the details of the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of suspect power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and consideration given in favor of Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the violation of a fine, the absence of a previous conviction exceeding a fine, and the conduct of compliance operations);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed normal conditions favorable to the preceding);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;