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(영문) 전주지방법원 군산지원 2018.03.14 2017고단1647
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 14, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on April 14, 2016, and on June 16, 2017, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

On December 5, 2017, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice as above, driven B X-ray cars at approximately 0.149% alcohol concentration in blood in the section of about 500 meters from the day front of the mutual influence road located in the YU-si, YU-si on December 5, 2017 to the front of the building in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Five copies of an accident scene photograph;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order), and two copies of the decision of summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 defendant, who has been punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, is under the influence of drinking, and the nature of the crime is not weak. In particular, driving of drinking is caused by a large accident by driving under the condition of considerable influence and physical exercise ability, which may cause substantial harm to other unspecified persons, and thus, is highly dangerous. However, although there are circumstances unfavorable to the defendant, the defendant's mistake is recognized and against himself/herself, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined as ordered by taking into account.

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