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(영문) 전주지방법원 2018.06.19 2018고단375
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 history] On May 24, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1 million for the same crime in the same court on March 24, 2011, respectively.

[ 범죄사실] 피고인은 2018. 2. 28. 00:08 경 전주시 완산구 효자동 신시가지 로 자 벨 시티 옆 도로에서부터 같은 동에 있는 소다 미 앞 도로까지 약 30m 구간에서 혈 중 알콜 농도 0.221% 의 술에 취한 상태로 B 포 르 테쿱 승용차를 운전하였다.

As a result, the Defendant once or more drinking drivers, once again driven a motor vehicle.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding 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 punishment as ordered shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the fact that the defendant is against the defendant, the fact that there is no history of crime exceeding the fine, and the age, sex, family relationship, driving distance, etc. of the defendant.

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