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(영문) 전주지방법원 남원지원 2017.06.27 2017고단81

도로교통법위반(음주운전)

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The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the support of the Southern District Court of the Jeonju on April 2, 2010, and on April 30, 2010, issued a summary order of KRW 3 million for the same crime at the same court.

On April 29, 2017, the Defendant, while under the influence of alcohol content 0.085% during blood transfusions, driven a vehicle with B Abdo-purd-purd motor vehicle from the section of approximately 1 km from the front side of the Gowon Black cafeteria cafeteria, which is located in the front side of the Namwon city, to the front side of the Ggu Daegu Highway, in the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest reports of suspects in violation of traffic laws on roads, reports on the circumstances of drivers in charge, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and an investigation report (Attachment to a summary order attached to the suspect's previous history);

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

Unfavorable circumstances - The Defendant committed the instant crime even though he/she had been sentenced to criminal punishment due to drinking driving on several occasions, and again committed the instant crime. There is a need to impose criminal liability corresponding to the relevant act.

- The Defendant has been under the influence of alcohol due to his fault.

However, such a circumstance can justify the driving of drinking alcohol.

It does not seem that it does not appear.

more favorable circumstances - the defendant shall be subject to a fine.