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(영문) 전주지방법원 2018.11.06 2018고단453
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 May 2, 2016, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic laws at the Jeonju District Court on May 2, 2016, and a fine of two million won for the same crime in the same court on January 30, 2018.

Although the Defendant had been under the influence of alcohol more than twice, the Defendant driven the B K9 car from around 200 meters in a section of approximately 200 meters to the front of the cU convenience store located in the same Gu, from the front of a restaurant in which it is impossible to identify the trade name in the East-gu in the Jeonjin-gu under the influence of alcohol at around 02:12 on March 2, 2018, while under the influence of alcohol at around 02:140%, the Defendant driven from around 200 meters to the front of the cU convenience store in the same Gu.

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 (related to field photographs);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an inquiry report (report on criminal history) statute;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, the Defendant, who had been subject to punishment twice due to drinking alcohol driving, was also under the influence of drinking alcohol.

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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