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(영문) 전주지방법원 2017.08.29 2017고단1014
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was issued a summary order of KRW 500,000,000,000 won on August 13, 2012, as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

Although the Defendant was punished twice or more due to drinking, on May 31, 2017, at around 00:10 on May 31, 2017, the Defendant driven Ckn-car in the state of alcohol alcohol with approximately 0.127% alcohol concentration in the 3km section of approximately 3km from the front of the beer and the road in the same red mountain-ro 81 (effective automatic 3) in the same Gu, from the front of the beer and the road in the same Gu.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on the Suspension of Execution under Article 55 (1) 3 of the Act on the Punishment of Minimum Quantity Reduction and Article 62-2 of the Criminal Act was the criminal record of having been sentenced to a fine twice due to drinking in the past. In addition, even if the defendant was sentenced to a fine on several occasions due to a violation of the Road Traffic Act, and even if he was sentenced to a suspended sentence, he/she was sentenced to a punishment on several occasions due to a violation of the Road Traffic Act, taking other circumstances into account such as the defendant's age and occupation, living environment, and driving distance, etc.

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