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(영문) 전주지방법원 정읍지원 2019.01.08 2018고단488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment 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

On February 28, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Jeonju District Court’s branch branch on February 28, 201, and a fine of KRW 1.5 million for the same crime in the same court on November 21, 2014.

On October 2, 2018, the Defendant driven a FM5 vehicle at approximately 800 meters away from the road front of the C Station located in Dong-Eup in Dong-Eup to E-Road located in D in the same city, while under the influence of alcohol at least 0.126% of alcohol concentration around 23:23, 2018, even though there were two or more drinking skills as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A copy of the report on traffic accident, site photograph of the accident site, and the report on the circumstantial statement of the driver, a copy of the usage register of drinking measuring instruments;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend school, was punished by a fine of KRW 700,000 for a drunk driving in 201, and a fine of KRW 1 million for a year 2002, and was punished by a fine of KRW 200,000 for two times or more as stated in the criminal records in 2014, and even if there was a record of additional punishment in 2014, the blood alcohol content reached 0.126%, and the walking condition reaches a little degree of unbrupting, and it is necessary to prevent recidivism through a strict punishment consistent with the criminal records.

The defendant is the wind that the defendant is present at a drinking place and seems rapidly to flee.

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