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(영문) 전주지방법원 정읍지원 2017.08.24 2017고단235

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 September 7, 2006, the Defendant was issued a summary order of 1.5 million won or more due to a violation of road traffic laws at the Jeonju District Court’s Eup branch, and on January 17, 2014, a fine of 5 million won or more due to the same court’s violation of road traffic laws.

On May 23, 2017, at around 19:25, the Defendant driven a lux truck under the influence of alcohol leveling 0.22% from the 10km section to the 50-distance distance in the same military mother training route, from the road in front of the Defendant’s dwelling in the Gosi-gun of North Korea, 19:25 to the same military mother training zone.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (suspects, previous and confirmations);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable consideration, such as the reflection of errors, the driving of compliance, and the absence of previous convictions exceeding fines);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;