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(영문) 전주지방법원 2018.02.20 2017고단2244
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was issued a summary order of KRW 4 million at the Jeonju District Court for a violation of the Road Traffic Act (drinking driving), and on February 26, 2014, a summary order of KRW 5 million was issued by the same court due to a violation of the same Act, respectively. On October 17, 2014, the Defendant was sentenced to imprisonment for 8 months and two years, etc. at the Seoul Central District Court for a violation of the same Act.

Nevertheless, at around 14:40 on November 7, 2017, the Defendant driven a D low-water car in the state of alcohol alcohol concentration of about 0.138% from the 1km section to the front road of the farm located in the high-speed village in the area south of the front west-gun of the North west-gun of the Republic of Korea.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of this prohibition.

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. Written response to a request for appraisal;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The reason for sentencing under Article 53 or 55 (1) 3 of the Criminal Act for mitigation of weight is that the defendant has already been punished by a fine due to drinking, driving, etc., and the defendant has also been punished by a suspended sentence, taking into account various circumstances, such as the defendant's age, occupation, living environment, and driving distance at the time of crackdown;

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