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(영문) 전주지방법원 군산지원 2019.03.15 2018고단1184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 6, 2016, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act in the Jeonju District Court's Gunsan Branch, and was issued a summary order of two million won for the same crime at the Gwangju District Court on January 6, 2012.

On September 20, 2018, the Defendant driven C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U-S-A-A-S-A-S-A-S-A-S-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (verification reports of the same kind of drinking records of a suspect)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (it has been punished three times due to driving under influence of alcohol, driving under influence of alcohol, driving without a license, etc. once after 200, two times due to driving under influence of alcohol, driving without a license, etc.). In particular, it shall be considered that the person was sentenced to imprisonment for ten months on July 6, 201 and the suspension of the execution of two years due to driving under influence of alcohol, driving without a license, etc. and

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that committing an offense is recognized and reflected, and that the blood alcohol concentration level is not high);

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