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(영문) 전주지방법원 군산지원 2017.02.08 2016고단1295

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2009, the Defendant received a summary order of a fine of KRW 700,000,000 as a crime of violating road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court, and on December 28, 2009, from the Gunsan Branch of the Jeonju District Court, a fine of KRW 3 million as an identical crime.

On November 21, 2016, around 22:40, the Defendant driven B K-V car at approximately 0.109% alcohol concentration in the blood alcohol level from the front day of the singing practice place to the front day of the mutually beneficial restaurant located in the same city northwest-dong of the same city, where it is impossible to know the trade name near the YY-si, the Y-si, the Y-si, the Y-si, the Y-si, the Y-si, the Y-si, the Y-si, the main text of which

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of drinking control and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant, who has been subject to punishment twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, has repeated driving of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is deemed to be a large accident while under the influence of considerable influence and physical exercise ability, and thus, is highly likely to cause serious harm to unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant is recognized and against his/her mistake, there is no record of being punished exceeding the fine due to the same crime, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., the sentence is determined as per the order.