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(영문) 전주지방법원 2018.04.03 2017고단2418
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 November 30, 201, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic law at the Seoul Southern District Court on April 30, 201. On September 3, 201, the Defendant was sentenced to a fine of 2 million won for a violation of road traffic law at the Suwon District Court on September 3, 201. On January 5, 2006, the Defendant was sentenced to a fine of 2 million won for a violation of road traffic law at the Seoul Southern District Court on January 5, 2006.

[2] On November 29, 2017, the Defendant, while under the influence of alcohol at around 23:52, driven a DM6 car at the section of approximately 300 meters from the front of the “fluorial fluorial fluoral fluorial fluoron” on the front of the “fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluor, to the front of the “flu

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the confirmation report of the excessive relationship between the persons drinking the same kind of power and the same kind of power);

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 among the reasons for sentencing)

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the part of the defendant of the order to provide community service and attend lectures is that the defendant was sentenced to a suspended sentence once due to drinking, etc., but the defendant was also under the influence of drinking.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the fact that the defendant is against the defendant, the fact that six years have elapsed since the time of punishment due to driving of previous drinking, the age, sex, family relationship, environment, circumstances of the crime, the circumstances after the crime, and the results thereof, etc.

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