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(영문) 전주지방법원 2017.01.24 2016고단1861
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a two-year suspended sentence for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse at the Jeonju District Court on October 16, 2014, and was sentenced to a three-year suspended sentence on December 24, 2014, which became final and conclusive on December 24, 2014, and is currently suspended sentence.

[2] On October 13, 2016, the Defendant driven a BP motor vehicle under the influence of alcohol leveling 0.248% from the 5m section of alcohol level to the 55th road of the same Eup/Myeon, from the front of the cafeteria-gun, Samnam-gun, Samnam-gun, Samnam-gun, Seoul, to the front of the cafeteria-gun, Samnam-gun, Samnam-do, Seoul, to the 5th day of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. On-site photographs of traffic accidents;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (reports on confirmation among the probation period of the suspect);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds), the reason for sentencing under Article 55(1)3 (the conditions favorable to the defendant among the reasons for sentencing) - The circumstances unfavorable to the defendant: The extent of the main sentence (0.248%) is very serious; three times in total, including the same kind of criminal records and one time in suspended sentence; the crime during the suspended sentence period - The circumstances favorable to the defendant - the crime during the period of suspended sentence - The serious reflectivity, nine years after the last same criminal records - the conditions for sentencing under Article 51 of the Criminal Act are comprehensive;

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