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(영문) 전주지방법원 2018.05.01 2018고단33
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 22, 2017, the Defendant, while under the influence of alcohol content 0.120% in blood, driven a vehicle B with B, from around about about 10km to the front road of the 10km away from the breadth of Kim Jong-si to the front road of the 283-day off the front day of the network Jeju-si, Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the defendant is against himself, the fact that there is no record of crime exceeding a fine, the fact that 10 years of time has elapsed from the time when the previous punishment for drinking drinking was imposed, and the drinking figures, the age, family relationship, environment, circumstances and result of the crime, the circumstances after the crime, etc.

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