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(영문) 전주지방법원 정읍지원 2017.04.13 2017고단22
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 January 29, 2010, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) by the Suwon District Court on January 29, 201, and on March 12, 2014, the Defendant issued a summary order of KRW 5,00,000 to a fine for a violation of the Road Traffic Act (drinking driving) by the Gwangju District Court

Although the Defendant had had a history of driving two or more drinking, on January 10, 2017, around 22:27, the Defendant driven a 21 ton cargo vehicle with approximately 0.076% alcohol concentration in the blood alcohol level from the front side of the insular road located in the middle of the ancient Chang-gun, Chang-gun, North Chang-gun to the front side of the high Gun Office located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving under the influence of alcohol and a detailed statement of the use of a drinking measuring instrument;

2. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on criminal records of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment (a favorable circumstance, such as a violation of a mistake, a violation of a mistake, a violation of a fine, a violation of a violation of a law, or a violation of a law, and a violation of a law);

1. Article 62 (1) of the Criminal Act ( considered for repeated consideration in favor of the foregoing);

1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

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