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(영문) 전주지방법원 2017.01.17 2016고단1736
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] The defendant driving a motor vehicle under the influence of alcohol level of 0.11% on August 17, 2007, while driving a motor vehicle under the influence of alcohol level of 0.11% on September 4, 2007, and driving a motor vehicle under the influence of alcohol level of 0.141% on September 4, 2007, and issued a summary order of KRW 2.5 million on October 4, 2007 at the Jeonju District Court as a crime of violation of Road Traffic Act (driving) at the Jeonju District Court on October 4, 2007.

[Criminal facts] On October 6, 2016, the Defendant driven a coo motor vehicle B at approximately 400 meters in front of the Dowon restaurant located in the front of the Dowon Dowon in the same 11 in front of the Dowon Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Do.

Accordingly, the Defendant, who violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Order to Attend - The circumstances unfavorable to the defendant: The degree of main driving (0.157% in blood alcohol concentration) and the degree of main driving (0.157% in blood): The circumstances favorable to the defendant: reflectivity, no criminal record heavier than suspended execution, and other comprehensive matters that are conditions for sentencing under Article 51 of the Criminal Act;

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