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(영문) 전주지방법원 2016.12.06 2016고단1259
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 4. 6. 02:26경 전주시 완산구 평화동에 있는 상호 불상의 꼼장어 식당 앞 도로에서부터 같은 구 중화산동에 있는 위드미편의점 앞 도로에 이르기까지 약 3km 구간에서 혈중알코올농도 0.188%의 술에 취한 상태로 B 제네시스 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. C’s statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, features of drinking drivers, uniforms, language, attitude results, and the ledger of use of drinking meters;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the defendant: The name of the instant crime, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents, the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, and the one-time punishment of fines, despite the past record of being sentenced to a fine due to drinking driving on January 26, 2015; the probation, community service, or an order to attend a lecture; the past record of being sentenced to a suspended sentence once a fine; the degree of the main record (0.188%) - The normal circumstances favorable to the defendant are recognized as erroneous: reflectness; the absence of the same criminal record above the suspended sentence; the comprehensive contents of the punishment under

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