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(영문) 전주지방법원 2017.01.24 2016고단1862
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2016, the Defendant driven B K5 cars at the section of about 1.2 km from the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the front day of the 58-day front day of the front day of the front day of the front day of the front day of the lower day of the fences exclusive parking lot located in the south of 76-ro of the front day of the front day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking, the application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The degree of main practice (referred to 0.159% in blood alcohol level) and one time for the same criminal record (driving). On April 18, 2016, the person punished by a fine due to driving under influence on alcohol on the part of the defendant and again commits the instant crime again within a short time after committing the instant crime again in favor of the defendant - The circumstances favorable to the defendant: Support of the young children among the very poor economic difficulties, such as the serious reflectness, lack of a criminal record for suspended execution, and the rehabilitation procedure; the comprehensive details of other factors that are the conditions for sentencing under Article 51 of the Criminal Act;

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