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(영문) 전주지방법원 2018.04.10 2017고단2562

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2007, the Defendant was sentenced to a fine of 700,000 won for a crime of violating road traffic law in the support of the Daejeon District Court on July 6, 2007, and was sentenced to a fine of 2 million won for a crime of violating road traffic law at the Jeonju District Court on January 18, 201, and was sentenced to a fine of 1.5 million won for a crime of violating road traffic law at the Jeonju District Court on December 14, 2010.

Criminal facts

On October 25, 2017, under the influence of alcohol content of 0.20% in blood around 23:05, the Defendant driven a approximately 5 km section into B Spo-si car at the front of Yasan-dong, Samcheon-gu, Samcheon-dong, Jeonju-si, Jeonju-si, for about 0.20% in alcohol level, from the front of Yacheon-gu, Samcheon-gu, Yan-dong, Yan-dong, Yaju-si to the front of Yasan-dong

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Application of statutes on the statement protocol;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant, even though having been subject to three times or more due to drinking alcohol driving, was engaged in drinking alcohol, and alcohol concentration in blood is also very high.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family relation, environment, background and result of the crime, and circumstances after the crime.