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(영문) 전주지방법원 2016.09.20 2016고단667
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and on November 11, 2013, a summary order of KRW 4 million for the same crime at the same court.

On April 21, 2016, the Defendant driven BT XG vehicles at approximately 0.076% alcohol level in approximately 500 meters away from the front side of the employment office building of the Ministry of Labor, which was located in 251, Seojin-gu, Seojin-gu, Seoul, Seoul, to the Korean Central church of the same Gu, while under the influence of alcohol leveling to about 0.076% from the blood alcohol leveling to around 99.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating traffic laws on roads;

1. Notification of the results of regulating the driving of drinking alcohol and a 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 (Attachment to a copy of the judgment of the same kind of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – The reason for sentencing under Article 62-2 of the Act - The circumstances unfavorable to the defendant are twice the same criminal records (driving alcohol): - The circumstances favorable to the defendant are reflective errors, have no criminal records of suspension of execution or more, and have dependents, such as minor children, etc. - The comprehensive conditions for sentencing under Article

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