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(영문) 전주지방법원 정읍지원 2017.08.17 2017고단21
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 17, 2016, around 20:30, the Defendant driven B ice truck with alcohol level of about 0.168% while under the influence of alcohol level of about 2km from the front day of the “the prize village,” located in the top day of the front day of the “Saeong-gun, Chang-gun, Mung-gun,” to the front day of the “Saeong-gun, Maeung-gun,” which is located in the top day of the highest interest rate in the front day of the “Saeong-gun,” to the front day of the “

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions favorable to the defendant, including the observation of protection, Article 62-2 of the Social Service Order Act, Article 59(1) main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., and the fact that the defendant was under criminal punishment several times, including the suspension of execution of imprisonment for the same kind of crime, shall be determined as the order, comprehensively taking into account the following factors: (a) the sentencing conditions unfavorable to the defendant; and (b) the sentencing conditions unfavorable to the defendant, such as the defendant’s age, sexual behavior, environment, motive and background of the crime; and (c) the circumstances after the crime.

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