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(영문) 전주지방법원 2018.09.04 2018고단995
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 April 3, 2018, at around 21:41, the Defendant driven B Poter Cargo Vehicles under the influence of alcohol content of about 0.118% at a 1km section from the front of the restaurant, “Fecheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the front road of the Jeoncheon-gu, Jeoncheon-ro, Jeoncheon-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family relationship, environment, background and result of the crime, and the circumstances after the crime.

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