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(영문) 전주지방법원 군산지원 2017.08.18 2017고단702
도로교통법위반(음주운전)등
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

[criminal records] The defendant was sentenced to suspension of indictment for a crime of violating road traffic laws at a military branch office of the former District Public Prosecutor's Office on October 31, 2007, and was sentenced to a summary order of 1.5 million won or more due to a crime of violating road traffic laws at the former District Public Prosecutor's Office on February 9, 2017.

[2] From February 18, 2017 to May 28, 2017, the Defendant, while under the influence of alcohol concentration of approximately 0.121% from the 40km section to the front of the road, was driving a Category B car under the influence of alcohol leveling 0.121% from the 40km section of blood alcohol level on April 4, 2017.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle in a state where the validity of a driver's license has been suspended under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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