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(영문) 전주지방법원 2018.07.17 2018고단683
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 October 21, 2008, the Defendant was issued a summary order of KRW 700,000 by the Jeonju District Court to a fine of KRW 700,000 for a crime of violating the Road Traffic Act, and on January 16, 2015, by the same court as the same crime.

Although the Defendant had been punished for drinking driving two times as above, on February 9, 2018, the Defendant driven BM6 automobiles under the influence of alcohol concentration of about 0.097% from the 200-meter section of blood alcohol at around 200 meters to the front road of the building in front of the same Gu, from the street in front of the end of the end of the 200-meter city in the front of the building, around February 23:10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

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

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 sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., and the sentence of a fine twice, and the defendant's age, sexual conduct, family relationship, environment, circumstances after the crime was committed.

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