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(영문) 전주지방법원 군산지원 2016.10.05 2016고단804

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

Reasons

Punishment of the crime

On July 2, 2016, the Defendant, while under the influence of alcohol around 0.131% of blood alcohol concentration on July 12, 2016, was driving a car B at a section of about 12 km from the Jindo-ri parking lot located in Yando-ri, Jeollabuk-do-do-si, Jeollabuk-do-do-si to the Madong-dong movable property hospital shooting range.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of the results of the control of drinking driving and the report on the situation of drinking drivers;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentence as ordered is that a defendant, who has been punished several times due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, is driving under the influence of alcohol, and the nature of the crime is not weak, and in particular, drinking driving is a large accident by driving under the influence of considerable influence and physical exercise ability, which may cause serious harm to unspecified people, and thus may cause serious harm to them. However, although there are circumstances unfavorable to the defendant, the defendant recognizes his mistake and reflects it, there is no record of being punished exceeding the fine due to the same crime, and all other circumstances constituting the conditions for sentencing, such as the age, character, conduct and environment of the defendant.