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(영문) 전주지방법원 2017.11.07 2017고단1297
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), on February 27, 2014, a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving), and on July 11, 2014, the Defendant was sentenced to a suspended sentence for 8 months for a violation of the Road Traffic Act (drinking driving).

However, on April 10, 2017, the Defendant driven a vehicle from around 4 km to the same head of 245 km in front of a restaurant located in the west-gu, Jeonju-si, Jeonju-si, with alcohol concentration of 0.185% in alcohol during blood around 20:30 on April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Selection of imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense subject to the application of the relevant Acts and subordinate statutes, such as inquiries about criminal history, and criminal investigation reports (Attachment to the said final judgment, etc.);

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant had been punished four times due to drinking, driving without a license, etc., and the previous conviction has continuously occurred for a relatively recent four-year period; on July 2014, he/she was sentenced to a suspended sentence due to drinking, driving without a license; on the other hand, even though he/she had not been sentenced to a suspended sentence due to drinking, driving without a license; on the other hand, even though he/she had not been under several months after the period of suspended sentence, he/she was under control by the police who was reported and dispatched after receiving 112, resulting in a traffic accident shocking the central level, and other various circumstances, such as the defendant's age and occupation, living environment, and alcohol concentration and driving distance at the time of crackdown.

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