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(영문) 전주지방법원 정읍지원 2017.10.19 2017고단192
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 February 13, 2015, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the same court on May 15, 2017.

On April 24, 2017, around 00:30, the Defendant: (a) driven a motor vehicle in the state of alcohol alcohol concentration of approximately 0.09% from a section of approximately 1km to the roads in the front of the Go Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gun, Seoul, to the roads in front of the same Eup.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (related Acts and subordinate statutes, such as drinking driving force of a suspect at least twice);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the reflection of errors, the driving of compliance, and the absence of any previous conviction exceeding the fine due to driving of drinking);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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