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(영문) 전주지방법원 남원지원 2018.07.17 2018고단102
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 May 23, 2012, the Defendant issued a summary order of KRW 150,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) in the support of the Southern District Court of the Jeonju on May 23, 2012, and the same court on February 14, 2013 as a fine for the same crime, respectively.

On May 11, 2018, the Defendant driven B cargo under the influence of alcohol content of about 50 meters from the 50-meter section to about 0.128% from the 50-meter section of blood alcohol content to around 4A, Namwon-si, Namwon-si, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Written response to a request for appraisal;

1. A report on detection of a primary driver (the result of blood collection);

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation report) statute;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the defendant is that the defendant has been punished for driving alcohol on several occasions, and the fact that the defendant's blood alcohol concentration at the time of driving alcohol in this case is high is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and that there is no criminal conviction other than the fine, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the arguments in this case shall be determined like the order.

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