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(영문) 전주지방법원 2018.01.23 2017고단2115
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1 million on April 29, 2010 with a fine of KRW 2 million at the Jeonju District Court on December 7, 2012, with a summary order of KRW 2 million on December 7, 2012.

On October 27, 2017, at around 03:15, the Defendant driven a vehicle with a alcohol level of about 0.099% under the influence of alcohol level from a section of approximately 4 km to the front of the luminous apartment in the same Western-dong from the street in front of any main point in the Yasan-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Punishment of Small Quantity Reduction and Punishment is that the defendant had been punished by a fine due to drinking, etc., even though he had been a previous criminal record, driving under the same Article; the driving of the drinking at the time of driving the drinking in this case was controlled by the police that the defendant was dispatched to the police after receiving a report, and other various circumstances such as the defendant's age, occupation, living environment, and alcohol concentration and driving distance at the time of crackdown.

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