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(영문) 전주지방법원 2017.12.05 2017고단1614

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

On November 29, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 29, 201, and was sentenced to a fine of 1 million won for a crime of violating the Road Traffic Act at the Changwon District Court on July 6, 2009.

On June 1, 2017, the Defendant, while under the influence of alcohol 01:20 on June 1, 2017, is in the Jinan-gun in the Jinan-gun of North Korea under the influence of alcohol 0.153%.

From the restaurant “ Love Kin”, approximately 1 km a section from the restaurant to the “Enmark” way in front of the “Enmark” 106 U.S., Jinari-gun, U.S., 106.

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. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of a sentence of imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Mitigation, and the sentencing of Article 62-2 of the Social Service Order and Order to attend a lecture under Article 62-2 of the Criminal Act, even though the defendant had been punished for drinking on several occasions, and the defendant has engaged in driving at once, and other various circumstances, such as the defendant's age, occupation, living environment, accident circumstance, and result