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(영문) 전주지방법원 군산지원 2018.09.19 2018고단591
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of one million won as a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court on August 6, 2007, and a fine of two million won as a same crime in the same court on September 30, 2008, and on March 31, 2010, in the same court on the same crime, two years of suspension of execution in June, 200, in the same court on September 1, 201, in the same court on September 6, 201, and in the same court on June 19, 201, the person who had been sentenced to imprisonment for the same crime at the Jeonju District Court on June 19, 201.

[Criminal facts] On November 4, 2017, the Defendant repeatedly driven C strawing vehicles while under the influence of alcohol concentration of about 0.167% from blood 5m within a distance of about 5m, while repeating the back dust from the field located in Kim Jong-si B at around 22:00.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report on confirmation of the same criminal records as the suspect), judgment, application of Acts and subordinate statutes concerning personal confinement;

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant once again drives drinking while he/she had a record of punishment for drinking driving, it is inevitable to strictly punish him/her.

However, considering the favorable circumstances that the defendant repents and reflects the wrongness, the driving of the defendant who was absent from the debate after drinking is made to get the driver to get the driver's vehicle and repeats the truth and the truth.

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