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(영문) 전주지방법원 군산지원 2018.01.12 2017고단956
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Jeonju District Court on December 16, 2015, and the sentence was finalized on the 24th of the same month, and is currently in the period of suspended execution. On April 23, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc. at the Jeonju District Court’s Gunsan Branch, which was sentenced to a suspended sentence of one year for six months or more.

[2] On July 28, 2017, the Defendant driven a motor bicycle at around 20:50 on July 28, 2017, the Defendant was under the influence of alcohol with approximately 0.097% alcohol concentration in blood at approximately 1 Km section from the front side of an empty village located in the U. SL125 U. SL125 Oba, in the direction of the village of the Gu, located in the same city of 479 U.S. (U.S.).

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of the judgment and a copy of the summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Code of the Suspension of Execution (limited to a crime committed during the period of the Suspension of Execution, but a crime committed during the period of the Suspension of Execution is long, the person himself/herself is significantly different due to his/her accident that is under the influence of alcohol, reflects the fact that he/she does not drive a drinking without a license, and takes into account the age of the defendant, etc.)

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