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(영문) 전주지방법원 2017.02.14 2016고단2110
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 March 31, 2014, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic laws (drinking driving), etc. at the Seoul Central District Court on March 31, 2014, and on December 21, 2015, the Defendant was sentenced to a penalty of 3 million won or more for a violation of road traffic laws (drinking driving) at the Jeonju District Court on December 21, 2015.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.074% from blood around 23:51 on October 18, 2016, driven Chodo HG car at the 25m section from the front day of the Yansan-gu Hongnam-ro 81 (Ap. 3a) in Jeonju-ro to the south of the same red acid, from the front day of the road to the south of the coffee span.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report on attachment of summary order), application of summary order-related Acts and subordinate statutes;

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 - The reason for sentencing under Article 62-2 of the Act - The fact that a fine is twice a previous offense unfavorable to the defendant (driving alcohol): The circumstances favorable to the defendant do not have any previous offense, such as serious reflectness, or suspended sentence, - The comprehensive requirements for sentencing under Article 51

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