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(영문) 전주지방법원 정읍지원 2018.11.29 2018고단437
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 4, 2018, around 21:25, the Defendant driven C Poter truck, under the influence of alcohol leveling 0.114% during blood alcohol leveling from 276 Mexico to 104-14 km in the month of Go Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gun, North Korea, to 104-14 km in the middle of the month of 104-14 km in the middle of the month of Go Chang-gun, Go Chang-gun, Chang-gun, North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lecture is not the crime of driving under the influence of alcohol while drunkly, with the Defendant’s alcohol concentration of 4 remaining and 0.114% of the drinking and drinking alcohol level, and it is not good to commit the crime of this case.

Even though the Defendant had been sentenced to a fine of one million won in 2000, and two years of suspension of execution in 2002, and three months of imprisonment in 203, and three million won in 2005, and five times or more due to drinking driving in 2005, the Defendant committed the instant crime through a serious punishment corresponding to the criminal liability.

The Defendant, after completion of convaluation, was driving a vehicle with the knowledge that there is no separate house in order to avoid the contribution of the investment in his/her home while returning home after drinking.

First, there are such circumstances.

Even if the driving of drinking, which is obviously a crime, is not permitted, and it cannot be considered that the defendant's responsibility for the crime is less light.

However, the crime of this case is a simple drinking driver who is not accompanied by traffic accident without driver's license, and the defendant reflects the crime of this case and lives without drinking again, and lives after the second.

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