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(영문) 전주지방법원 2017.09.12 2017고단1165
도로교통법위반(음주운전)등
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

1. On March 20, 2017, the Defendant, while under the influence of alcohol at around 0.236% of the alcohol level, driven a car in B from the 1km section of approximately 1km to the front side of the “Dancheon-gu, Samcheon-gu, Jeoncheon-do, Jeonju-si,” located in the front side of the “Dancheon-gu, Jeoncheon-do, Jeoncheon-gu, Jeoncheon-gu, Jeoncheon-do.”

2. On May 17, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a vehicle without obtaining a driver’s license on around 21:35 on May 17, 2017. While under the influence of alcohol level of 0.192% in blood, the Defendant driven a vehicle with B at the section of approximately 15 meters near the main point of “D” located in the Jeonsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver's license in the main place and statement on the circumstances;

1. A report on the detection of a primary driver;

1. Notification of the results of regulating drinking driving;

1. Contact of the result of appraisal;

1. License register;

1. Article 148-2 (2) 1 and 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. In the first sentence of Article 37 of the Act on the Aggravation of Concurrent Crimes, Articles 38(1)2 and 50 of the Act on the Suspension of Execution, Article 62(1)2 of the same Act, and Article 62-2 of the Social Service Order and Order to Attend the lecture under Article 62-2 of the Criminal Act, the Defendant had been punished twice by a fine due to drinking driving, and even if he was subject to investigation on March 20, 2017 in relation to driving of the instant case, two months have not passed since he was under investigation, and even if he was under investigation on March 20, 201, he was under investigation, he did not have a good attitude, such as refusing to answer during the course of investigation by a police officer immediately after the control, or refusing to affix a seal on the investigation documents, taking into account various circumstances, such as the Defendant’s age and occupation, living environment, and alcohol concentration during blood and alcohol distance during the time of crackdown.

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