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(영문) 전주지방법원 2017.01.17 2016고단1669
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 6, 2007, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jeonju District Court on September 6, 2007, and on July 18, 201, the same court issued a summary order of KRW 3.5 million to a fine for a violation of the Road Traffic Act.

On September 8, 2016, while under the influence of alcohol 0.237% during blood transfusion, the Defendant driven approximately 3 km C Cargo Vehicles from the trade name in front of the non-cafeteria cafeteria located in the Yansan-gu, Jeonju-si to the front of the management office of the 1-gil 25-gil in the former Young-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, a report on the circumstances of the driver of a drinking alcohol, the appearance, uniforms, language, the result of attitude, and the ledger of the user of a drinking measuring instrument;

1. Reports on internal investigation (related to driving of alcohol and refusal to detect and affix seals);

1. Photographs of a person under consideration on board;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (report on binding of summary orders related to drinking driving power

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Grounds for the observation of protection, community service, and order to attend lectures - Circumstances unfavorable to the accused: Three times a previous conviction (driving alcohol) of the same kind of crime and the degree of the principal practice (0.237% a alcohol level in blood): The circumstances favorable to the accused: serious reflectivity, no previous conviction for a stay of execution or more, and other comprehensive matters that are conditions for sentencing under Article 51 of the Criminal Act;

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