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(영문) 전주지방법원 2018.10.23 2018고단1401
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] The Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court on June 19, 2008, and a fine of KRW 5 million by the same court on November 12, 2010.

[2] Although Defendant 1 had been under the influence of alcohol twice or more, Defendant 2 driven a B-be cargo vehicle under the influence of alcohol at approximately 0.178% alcohol level from the 4km section of the blood, around June 8, 2018, under the influence of alcohol leveling from the 693-2 through the 693-2 through the 514-on old innovation.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and community service and the order to attend a lecture, even though there were two times or more penalties due to drinking driving, the driving of drinking, which led to the occurrence of an accident that causes the shock of roadside trees while driving alcohol.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.

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