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(영문) 전주지방법원 2018.08.21 2018고단1074
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 16, 2015, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Jeonju District Court's military support on February 16, 2015, and on September 27, 2017, the same court issued a summary order of three million won for the same crime.

On May 15, 2018, the Defendant, while under the influence of alcohol content 0.146% during blood transfusion, driven a Crocketing car at approximately 500 meters from the front of a mutually aesthetic restaurant located in the Busan-dong, Dondong-dong, Busan-gun to the front of the kcc factory located in the same Ri, from around 15, 2018 to around 3, 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence;

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 an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 circumstances favorable to the defendant are that the reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order are against the defendant, and that there is no record of crime exceeding the fine.

However, the defendant has recently been punished for drinking driving two times in recent years, but he was also under the influence of drinking.

In light of this defendant's habitually driving habits, even if the disadvantage of the defendant is anticipated to be dismissed at work, it is necessary to select imprisonment.

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