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(영문) 전주지방법원 2017.11.21 2017고단1667
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was issued, respectively, by the Jeonju District Court, a summary order of KRW 1.5 million on July 29, 2013, and a summary order of KRW 5 million on October 15 of the same year.

On July 31, 2017, at around 21:55, the Defendant driven a car with alcohol concentration of approximately 0.230% in a section of about 300 meters from the front day of the head office to the front day of the head office in the 197 Sinpo City, as it is in the middle day of the Sinpo City, to the lower day of the head office in the 197 Sinpo City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

1. For the reason of sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Mitigation, Article 62(1) of the Criminal Act and Article 62-2 of the Social Service Order and Order to Attend the same Act, the Defendant has already been punished by a fine due to drinking (the drinking level of 0.225% during driving on an expressway or blood on an expressway while under the influence of alcohol). On May 2016, the Defendant had been punished by a fine of five million won due to a traffic accident but was under the influence of a punishment due to a fine of five million won after the traffic accident, driving under the influence of alcohol in a very serious condition at the same time, taking into account the Defendant’s age and occupation, living environment, and other various circumstances, such as the alcohol concentration and driving distance during blood at the time of regulating the Defendant’s age and living environment.

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