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(영문) 전주지방법원 2018.11.20 2018고단1630
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 October 14, 2011, the Defendant was sentenced to a fine of 500,000 won for a crime of violating the Road Traffic Act at the Jeonju District Court on October 14, 201, and was sentenced to a fine of 1 million won for a crime of violating the Road Traffic Act at the Jeonju District Court on December 7, 201.

피고인은 2018. 8. 2. 23:30 경 혈 중 알콜 농도 0.177% 의 술에 취한 상태에서 전주시 덕진구 우아동 상호 미상 식당 앞 도로 부터 전주시 덕진구 견 훤 로 360 앞 도로까지 약 2km 가량 피고인 소유의 B 스포 티지 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A report on internal investigation:

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.

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