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(영문) 전주지방법원 2016.08.16 2016고단494
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 November 22, 2002, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act, etc. at the Daejeon District Court on November 22, 2002, and was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act at the Jeonju District Court on November 8, 2005, and the summary order of two million won for a crime of violating the Road Traffic Act (drinking) at the same court on May 23, 2008, and on October 28, 2008, issued a summary order of three million won for a fine by the same court on October 28, 2008.

Nevertheless, at around April 14, 2016, the Defendant driven a C low alcohol vehicle under the influence of alcohol content of about 0.109% in a section of about 100 meters from the 100-meter range to the high-speed road, where she is 17 in the front west-gun in the front west-gun of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the judgment);

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

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. The reason for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: four times including the same kind of criminal records and one time of suspension of execution, and two times in favor of the defendant - The circumstances favorable to the defendant are not good for health conditions, such as serious reflectivity, suffering from brain-cerebrovascular diseases, etc. The previous convictions of the same kind of suspension of execution was punished as concurrent crimes with other crimes, such as interference with the performance of official duties, and the last seven years has passed since the previous criminal records of the same kind of crime.

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