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(영문) 전주지방법원 정읍지원 2017.12.28 2017고단411
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 14, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the Jeonju District Court’s Eup branch on February 14, 2007, and on October 14, 2010, the Defendant was sentenced to a suspended sentence of four months for the same crime in the same court.

On August 21, 2017, at around 23:20, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.067% from the 2km section from the front of “C Mart” to the front of the same Eup/Myeon, located in B of the former Northern Zone B, to the road of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (a favorable consideration, such as the reflection of mistakes, the driving of a compliance officer, and the absence of a criminal record exceeding a suspended execution);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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