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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단319
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 May 24, 2006, the Defendant received a summary order of KRW 1.5 million on May 24, 2006, a fine of KRW 2 million on January 31, 201, a summary order of KRW 2 million on April 21, 201, and a summary order of KRW 3 million on April 21, 201, respectively.

On July 19, 2018, the Defendant, while under the influence of alcohol 0.067% among the blood transfusions, driven a Cran-do car in the section of approximately 300 meters from the front to the front of the 259-ro in the city of the Eup/Myeon in the same Eup/Myeon and the front of the new elementary school.

As a result, the defendant was a person who has driven a drinking not less than twice, and was under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in the main place of driving;

1. A detailed statement on the use of a drinking gauge;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (Attachment of a copy of a summary order of the same type of crime), and application of summary order of three 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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, even though the Defendant had been punished three times or more due to drinking driving, the Defendant committed the instant crime, and there is also a need to prevent re-offending by means of strict punishment that is consistent with the criminal responsibility and is not good enough to commit the instant crime.

However, it is hard to say that the defendant is under the influence of alcohol, that the defendant reflects the depth of the crime of this case and makes the defendant not to drive alcohol again, that the crime of this case is a mere drinking driver not accompanied by traffic accident but a driver without a license, that the defendant disposes of the vehicle operated at the time of the crime of this case, and that the defendant is not under the economic situation of the defendant.

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