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(영문) 전주지방법원 2017.02.14 2016고단1922
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

[criminal history] On February 21, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on drinking), a summary order of KRW 1 million for the same crime at the same court on September 18, 2009, and a summary order of KRW 1 million for the same crime at the Jeonju District Court on September 4, 2014, respectively.

[2] On October 22, 2016, the Defendant driven Benz automobiles with approximately 400 meters alcohol leveling to 0.093% alcohol leveling from the 400m section to the front road of the Jeonju Industries, located in the 137-ro, Jeoncheon-gu, Jeoncheon-gu, Jeoncheon-gu, 137, Jeoncheon-gu, Seoul, to the front road of the business place, which is located in the 137-ro of Jeonju Industries.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking drivers, the statement of the circumstances of drinking drivers, the appearance, uniforms, language, and attitudes of drinking drivers, and inquiry into the management details of the report on drinking practice;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on the suspect's driving force of drinking alcohol) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: Five times (one time of suspended execution, and four times of fine): The circumstances favorable to the defendant: serious reflectivity, the period of more than 15 years after the sentence of suspended execution, the defendant's health status is not good (one of luminous cancer), and other matters that constitute conditions for sentencing under Article 51 of the Criminal Act;

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