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(영문) 전주지방법원 정읍지원 2017.09.14 2017고단191
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

"2017 Highest 191"

1. On March 5, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Jeonju District Court’s regular branch of Eup/Myeon on March 5, 201, and a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Jeonju District Court’s Jeonju District Court on July 13, 2015.

On March 31, 2017, the Defendant driven a Ccoon car in the state of alcohol alcohol concentration of approximately 0.102% from the 2km section from around 2km to the front road of the 193 Eup/Eup/Myeon, due to the same impulse, from the front road of the 193 Eup/Myeon, the Defendant driven the Ccoon car in the state of under the influence of alcohol concentration of about 0.102% from the 2km section.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

"2017 Highest 275"

2. Around June 7, 2017, the Defendant insultingd the victim by openly insulting the victim by putting the victim a breath by failing to pay the drinking value before the “E week” located in Si/Eup/Myeon, and taking a bath to the president of the said main station, etc. Upon receiving the 112 report, the victim who was dispatched after receiving the 112 report requests confirmation of his/her personal information from G during the process at which he/she was affiliated with the president of the said main station and the breath of his/her name in the same place where the breath of the said main station are located.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 311 of the Criminal Act, the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the suspended execution (the fact that reflects the mistake and that there is no previous conviction exceeding the fine).

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