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(영문) 전주지방법원 2018.01.30 2017고단2005
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 10, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the Jeonju District Court, and a summary order of KRW 5 million for the same crime at the Seoul Eastern District Court on February 17, 2012, respectively.

Although the Defendant had been punished for driving alcohol more than twice, on September 27, 2017, at around 22:40 on September 27, 2017, the Defendant driven CM5 car while under the influence of alcohol content of about 0.151% from the 200-meter section to the direction of 4615-8,000, in the direction of the Gunn-ro, the superior of the former North west-gun, DM5 car.

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. The observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and the sentence of Article 62-2 of the Social Service Order and the Order to Attend the lecture under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished by a fine on several occasions due to drinking, driving under the influence of drinking at the same time, and other circumstances, such as the defendant's age, occupation, living environment, and alcohol concentration and driving distance, etc., taken into account;

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