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(영문) 전주지방법원 2017.03.21 2016고단2315
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 May 1, 2012, the Defendant received a summary order of a fine of six million won or more due to a crime of violating road traffic laws at the Jeonju District Court on May 1, 2012, and a summary order of 2.5 million won or more due to a crime of violating road traffic laws at the Jeonju District Court on August 27, 2010.

On November 13, 2016, at around 05:34, the Defendant driven B e-car with a alcohol content of about 50 meters from a 50-meter section to a scarcity in the same Eup/Myeon, from around the trade name unclaimed restaurant located in the Samnam-gun of North Korea, the Defendant driven B e-car with a alcohol content of at least 0.230% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on detection of a primary driver (the result of blood collection);

1. Previous convictions before and after judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the judgment attached to the same type of crime), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense subject to applicable Acts and subordinate statutes, and the choice of imprisonment;

1. Consideration, such as the observation of protection under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Act on the Punishment of Small Quantity Reduction and Punishment, and the fact that there is a force that the defendant was punished by a fine twice for the reason of sentencing under Article 62-2 of the Social Service Order and Order to Attend the Criminal Act, and the fact that the defendant drives a vehicle by very rough and disorderly means to stop driving on the road while blocking the passage of other vehicles at the time of driving of the instant case.

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