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(영문) 전주지방법원 2018.02.20 2017고단2345
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2017, the Defendant received a summary order of KRW 1.5 million due to a violation of road traffic law (drinking driving), and entered the case as a violation of road traffic law (drinking driving) on September 23, 2017, and filed a claim for a summary order on November 17, 2017.

On October 5, 2017, the Defendant driven a C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong located in Busan-ri-ri-ri-ri-do, Busan-do-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge);

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Punishment of Small Quantity Mitigation, even though the Defendant had been punished twice by a fine due to drinking in 2017 under Article 62-2 of the Criminal Act, as long as the Defendant had been punished twice due to drinking in 2017, driving under the influence of drinking since it has not yet passed thereafter, other circumstances, such as the Defendant’s age, occupation, living environment, and driving distance, etc.

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