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(영문) 전주지방법원 2018.03.20 2017고단2229
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 Records of Crimes】 On February 12, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic laws in the Gunsan Branch of the Jeonju District Court on February 12, 2009, and on January 8, 2013, a summary order of KRW 4 million as a fine for a violation of road traffic laws (driving) in the Gunsan Branch of the Jeonju District Court.

【Criminal Fact-finding on November 11, 2017, the Defendant driven CKaren-car under the influence of alcohol content of approximately 0.272% from the 5km section from the front day of the Jincheon-gu Songcheon-gu, Chungcheongnam-gu, Seoul to the front day of the Samcheon-gun, Samcheon-gun, Samcheon-gun, Samcheon-gun, Samcheon-do to the crop road.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Notification of the control results of drinking drivers;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order attached to the suspect's previous records);

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 among the reasons for sentencing)

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 is that the Defendant, even though having been subject to two times or more due to drinking alcohol driving, was engaged in drinking alcohol, and alcohol concentration in blood is also very high.

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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