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(영문) 전주지방법원 2017.08.22 2017고단907
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

The Defendant was issued a summary order of KRW 2.5 million at the Jeonju District Court, on February 26, 2008, by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2.5 million for the same crime on July 22, 2010, and a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) on December 6, 2010, respectively.

Although the Defendant had been punished for drinking driving more than twice as above, on May 11, 2017, at around 21:50, the Defendant driven CK5 cars with approximately 300 meters alcohol concentration at around 0.148% in the front side of the Kucheon-gu, Seocheon-gu, Seocheon-gu, Jincheon-gu, Seoul to the front side of the flag-care center located in the 165-ro, Songcheon-gu, Songcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The observation of the protection of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act, and the sentencing of Article 62-2 of the Act on the Suspension of Execution of Sentence 62-2 of the Act on the Suspension of Execution of Punishment of Small Quantity, even though the defendant had been punished three times by a fine due to drinking driving, etc., in addition, taking into account other circumstances, such as the defendant's age, occupation, living environment, and driving distance, etc.

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