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(영문) 전주지방법원 남원지원 2018.10.30 2018고단154
도로교통법위반(음주운전)
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

On February 9, 2009, the Defendant issued a summary order of KRW 1 million from the support of the Southern District Court on September 13, 2013 to a fine of KRW 1.5 million for the same crime.

On June 16, 2018, at around 11:36, the Defendant driven B-wing truck with alcohol content of at least 0.075% from a section of approximately 800 meters alcohol level to the road of the same military base, from the 392-51 front day of the same military base, around the 16th day of 2018, the Defendant was under the influence of alcohol.

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. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (compact of the previous summary order with 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. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished for driving under drinking twice, again led to the instant crime, and the fact that the defendant has caused a traffic accident in the course of driving under drinking, is disadvantageous to the defendant.

However, the fact that the defendant reflects, that the alcohol content of the defendant's blood was very high at the time of the crime of this case, that the defendant has no criminal record other than the fine, the circumstances favorable to the defendant are considered, and the punishment shall be determined like the order in consideration of all other sentencing conditions as shown in the argument of this case.

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