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(영문) 전주지방법원 남원지원 2018.11.14 2018고단213
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 March 29, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of Road Traffic Act (drinking driving) with the support of the Southern District Court of the Jeonju on March 29, 200, and a summary order of KRW 1 million as a fine in the same court on June 10, 201.

On August 19, 2018, at around 09:30, the Defendant driven a B-hand car with alcohol content of at least 0.107% in blood while under the influence of alcohol from around 500 meters to around 3rd distance in the direction of the side of the non-permanent apartment located in the same Do-dong 576, Do-dong.

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 (to file such previous summary orders);

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. Despite the fact that the defendant had had a record of punishment for driving under drinking on two occasions, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and that there is no criminal conviction other than the fine, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the arguments in this case shall be determined like the order.

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