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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단342
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on September 14, 2017 to eight months of imprisonment due to a special intimidation in the branch of the Jeonju District Court’s branch court’s branch court’s branch court, and the judgment became final and conclusive on April 27, 2018 and is currently under suspended sentence.

[2] The Defendant was subject to criminal punishment for drinking alcohol driving on four occasions in total, including: (a) a fine of 1.5 million won on January 2, 2009; (b) a fine of 2.5 million won on January 14, 201; and (c) a fine of 2.5 million won on June 2, 201; and (d) a fine of 8 million won on May 27, 2014; and (b) a person who was subject to criminal punishment for drinking alcohol driving on four occasions in total.

On May 13, 2018, while under the influence of alcohol leveling to 0.058% from around 16:00, the Defendant driven a DNA car from around 5km to around 0.05m from around 0,00 to the 0.058 percentage of alcohol level from around 0.05.

As a result, the defendant was driving a drinking more than twice but again driving a drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A report on the situation of the operation of the vehicle in charge of internal investigation;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (verification of whether a crime is committed during the period of suspension of execution), copy of inquiry into consolidated cases, text of judgment, etc., report on investigation (verification of driving skills), separate judgment, and summary order;

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. The crime of this case for the reason of sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity, as stated in its reasoning, is punishable several times, including imprisonment with prison labor, by driving under the influence of alcohol, as stated in its reasoning. The defendant is currently punished by imprisonment with prison labor for the crime of violence and special intimidation, 2 years of suspension of execution, protection observation, and community service order for 40 hours during the period of suspension of execution, and is also under the suspension of execution, and is responsible for driving under the influence of large alcohol, and is accordingly accountable for the crime of serious punishment, regardless of the nature and circumstances of the crime.

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