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(영문) 전주지방법원 2017.05.02 2017고단141
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 December 23, 2010, the Defendant had the same four kinds of crimes including: (a) a fine of three million won for a violation of road traffic laws (drinking driving) at the Jeonju District Court on December 23, 201; and (b) a fine of 1.5 million won for a violation of road traffic laws (dacting driving) at the same court on December 17, 2008.

On January 13, 2017, at around 21:10, the Defendant driven Bone Star vehicle in the state of alcohol alcohol concentration of about 0.106% from the 50-meter section of the blood alcohol level to the front road of the Jinjin-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, to the 15-ro, Jin-gu, Jinjin-gu, Seoul Special Metropolitan City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, and the consideration of various circumstances, such as the Defendant’s age and occupation, and driving of drinking again, even though the Defendant had been punished four times by a fine due to drinking, etc., even though he had already been punished by the community service order and the order to attend a lecture, and the reason for sentencing under Article 62-2 of the Criminal Act;

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