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(영문) 전주지방법원 2013.07.17 2013고단1377

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 27, 2013, around 19:30, the Defendant started from the roads near Kim Jong-gu, Kim Jong-gu, Kim Jong-gu, Kim Jong-si (IC), the Defendant driven a car with C car under the influence of alcohol with approximately 0.252% of alcohol concentration at the 14km section before the front of the full-use terminal located in the 19:43 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on detection of, and response to requests for appraisal by, a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the grounds for sentencing) is that the defendant confessions against the instant crime and makes a confessions, and that he/she again does not drive alcohol, and that he/she began to receive medical treatment for the existence of alcohol, etc. in favor of the defendant.

However, considering the fact that the Defendant had been punished for drinking driving on several occasions, including the past that sentenced two times as a suspended sentence of imprisonment due to drinking driving, and that the Defendant continuously repeats the same crime even though the number of times of the same kind of force such as driving without a license, and that there is a high risk, such as driving, etc. of approximately 14 km due to a bus congested in the state of drinking alcohol concentration of 0.252%, the Defendant is sentenced to punishment as the sentence is inevitable and the sentence is imposed like the order.