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(영문) 전주지방법원 2017.01.17 2016고단1677
도로교통법위반(음주운전)등
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

The Defendant was issued a summary order of KRW 1 million in the Jeonju District Court’s Gunsan Branch on July 10, 2007 with a fine of KRW 3 million for the same crime on November 8, 2007, and a fine of KRW 5 million for the same crime on May 25, 2016.

On September 11, 2016, under the influence of alcohol 0.130% in blood while the Defendant was under the influence of alcohol from the Defendant’s dry field near the Defendant’s dry field located in Kim Jong-si, the Defendant driven the Datobba in the section of approximately 20km in front of the shooting distance near the Eastern church located in the East-gun, Samnam-gun, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A report on internal investigation (related to the application of the Dmark with alcohol concentration in the blood as at the time of the suspect's accident);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report on filing of the previous summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 154 (2) and 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 – Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the accused: The degree of main practice (0.130% of alcohol level in blood transfusion) and the previous conviction (e.g., drinking and non-licenseless driving) three times, and the driving of drinking is subject to a fine on May 25, 2016, again committing the instant crime within a short period after being sentenced to a fine on May 25, 2016. In addition to the same criminal record, the traffic relation is related to traffic, such as violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Violation of

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