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(영문) 전주지방법원 정읍지원 2018.08.07 2018고단148
도로교통법위반(음주운전)
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 31, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Jeonju District Court’s Eup branch office (drinking driving) and a summary order of KRW 4 million for the same crime at the same court on July 5, 2013.

[2] On April 6, 2018, the Defendant: (a) driven a car with cherent f, under the influence of alcohol level of about 0.104% from a section of about 1.5 km to a cherent apartment distance in front of the ordinary cafeteria-dong located in Jung-gu, Jung-gu, Seo-gu, Seo-gu, Jung-gu; (b) around 03:10 on April 6, 2018, to the front day of the cherent apartment in the same city.

As a result, the Defendant again driven the said vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal 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 to mitigate small amount;

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

1. The degree of alcohol concentration among the blood transfusions with the reason for sentencing under Article 62-2 of the Criminal Act, the defendant was punished by a fine for driving under drinking twice in the last ten years, and the defendant was not required to repeat the crime;

The punishment shall be determined by comprehensively taking into account various factors of sentencing, such as the defendant's age, occupation, environment, and criminal records (not less than a suspended sentence).

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