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(영문) 전주지방법원 2017.09.26 2017고단1321

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 October 25, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and a summary order of KRW 8 million for a crime of violating the Road Traffic Act in the same court on November 26, 2012.

On June 30, 2017, the Defendant driven a B Poter Ⅱ in the section of about 150 meters from the upper 150 meters from the street in front of the new Yan-gun in the three Yan-gun, Samwon-gun, 0.26% alcohol level while under the influence of alcohol level around 14:38, the Defendant driven a B Poter Ⅱ in the section of around 150 meters from the street in front of the new Yan-gun to the street in the same Ri.

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. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

1. 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, the age and occupation of the defendant for sentencing of community service and lecture attendance order under Article 62-2 of the Criminal Act, his/her age and occupation, living environment, alcohol concentration in blood during the crackdown, driving distance, and the criminal record of the defendant;