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(영문) 전주지방법원 2018.09.04 2018고단670
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

On February 2, 2018, at around 22:07, the Defendant driven a Chin car under the influence of alcohol content of about 0.203% in a section of approximately 200 meters from the upper limit of 23-3, a day before the front limit of 23-3, a day from the upper limit of the 23-3-3, a day before the front limit of the gulyl-gu and the upper limit of the Dolyl-gu in the front limit of 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (related to field conditions);

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 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 in Article 62-2 of the Criminal Act on the observation of protection and observation is that the Defendant, even though having been punished for driving under the influence of alcohol, was engaged in driving under the influence of alcohol, and the alcohol concentration in blood is very high.

However, the defendant does not repeat the crime while scrapping it.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the person concerned is suffering from the drinking, the punishment of a fine was fully imposed in relation to driving under drinking, the age, health, drinking volume, the background and result of the crime, and the control of the crime, etc.

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