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(영문) 전주지방법원 2016.05.17 2016고단138

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 17, 2001, the defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act (drinking driving), the same court on February 4, 2002 to a fine of 1 million won for a violation of the Road Traffic Act (drinking driving), and the same court on May 19, 2003 to a violation of the Road Traffic Act (drinking driving), 6 months of suspension of execution, 2 years of suspension of execution, 2 years of violation of the Road Traffic Act (drinking driving), 8 months of suspension of execution, 2 years of suspension of execution, 3 million won of fine by the same court on January 11, 207, respectively. < Amended by Act No. 11406, Sep. 13, 2012>

On October 22, 2015, the Defendant driven a B knche vehicle at approximately 300 meters away from the street room in front of the Camul apartment located in the Yansan-gu, Jeonju-si, Jeonju-si, with alcohol level of 0.184% in alcohol level among the blood transfusion around 18:35, the Defendant driven a B knche vehicle at the same 40-meter section from the street room in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A report on the detection of a driver driving at the State, a report on the circumstances of the driver driving at the State, the appearance, uniform, language, and attitude of the driver driver;

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

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

1. Article 62 (1) of the Criminal Act (i.e., reflective points);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;