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(영문) 전주지방법원 2019.06.21 2018고단2145
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on February 12, 2015, respectively.

On October 9, 2018, around 22:14, 2018, the Defendant driven DSS7 car under the influence of alcohol concentration of about 0.15% from the 300-meter section from the Haju-gun B apartment street to the front road.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and accident site photograph;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal history records, investigation reports (attached to the same type and a summary order of different types of force), three copies of the summary order, one copy of the judgment, one copy of the disposition, and one copy of the confirmation report on the results of confirmation of the disposal unclaimed telephone, and the application of one statute;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On June 2004, 2008, May 2008, and February 2, 2015, the reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend lectures, even though the defendant was punished by a fine due to drinking driving, he/she also driven under the influence of alcohol.

The fact that drinking water is high, that the defendant causes an accident that causes the shock of parked vehicles while driving alcohol, that the defendant drives alcohol to drive alcohol and is not guilty, that the defendant has been punished by a fine for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the drinking driving is caused by a traffic accident and infringes on the life and body of others and property damage.

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