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(영문) 전주지방법원 정읍지원 2016.03.22 2015고단380
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 September 24, 2008, the Defendant received a summary order of KRW 2 million from the Jeonju District Court to a fine of KRW 1,000,000 as a crime of violating the Road Traffic Act (driving), a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 5 million from the Jeonju District Court on February 10, 201 to a fine of KRW 1,000 as a crime of violating the Road Traffic Act (driving in drinking), respectively, from the Jeonju District Court on July 28, 201.

[2] Notwithstanding the above two times of the driving power of drinking, Defendant 1 driven B rocketing car at approximately 0.202% alcohol level from the 10km section of the music water unit located in the city of Jung-gu, Jung-gu, Jung-gu, the center of Jung-gu, Jung-gu, Seoul, to the original intersection of the music water unit located in the city of Jung-gu, Jung-gu, the center of which was located at around 03:30 on July 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on a traffic accident (1) a survey report on actual condition, and a report on a traffic accident (2) a map at the scene of the accident;

1. Inquiries about the results of crackdown on the driving of alcohol and reports on the detection of drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report attached to a 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. 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 reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is the circumstances favorable to the defendant, such as the fact that the defendant, having been punished three times for the same crime, causes a traffic accident while driving a drinking, and that the defendant's blood alcohol concentration was considerably high at the time of the instant case. The fact that the defendant was disadvantageous to the defendant, due to the traffic accident, there is no other person other than the defendant's light, and that the defendant reflects the crime of this case.

In addition to the above circumstances, all the sentencing conditions appearing in the records and arguments of this case are integrated.

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