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(영문) 전주지방법원 정읍지원 2018.01.25 2017고단436
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 2, 2007, the Defendant was issued a summary order of 700,000 won by a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 27, 201, the Defendant was sentenced to imprisonment for 4 months and one year of suspension of execution for a crime of violating the Road Traffic Act at the Jeonju District Court's Eup branch office, and on November 22, 201, the Defendant was sentenced to a summary order of 3 million won or more for a crime of violating the Road Traffic Act (driving) at the same court on November 22, 2013, and on October 27, 2014, the Defendant was issued a summary order of 5 million won or more for the same crime at the same court.

On September 28, 2017, around 19:20, the Defendant driven B-type truck under the influence of alcohol content of approximately 0.171% at a section of about 600 meters from the front of the Maridong, Changwon-gun, Gowon-gun to the front of the Mariwon cafeteria of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the reflection of errors and the performance of compliance driving);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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