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(영문) 전주지방법원 군산지원 2018.10.05 2018고단474
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 history] On February 23, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on February 23, 2015. On April 6, 2016, the Defendant was issued a summary order of KRW 6 million for the same crime in the same court.

[2] On April 5, 2018, at around 03:30, the Defendant driven a B-wing-III truck under the influence of alcohol content of approximately 0.157% during blood at a distance of about 5 km up to the front road of the 7km-gu and 3:0:0,000, at a distance of 7:0:0:0,000, at a distance of 194-55:0:0,000, at a distance of 3:00:0:0:0:0:0:0,000,000; and

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and a copy of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (in particular, even if a person has been sentenced to a fine of high amount due to drinking on two occasions due to driving of alcohol, in 2015 and 2016, considering the fact that he/she is driving of the instant drinking even if he/she was sentenced to a fine of high amount due to driving of alcohol on two occasions, and that he/she reaches a driving of the instant drinking even if he/she was sentenced to a fine of high amount due to driving of alcohol on two occasions in 201

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Consideration to the fact that the accused recognizes and reflects the crime, and that there is only the history of punishment as a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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