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(영문) 전주지방법원 2018.10.02 2018고단1037
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 May 8, 2008, the Defendant was sentenced to a summary order of a fine of 700,000 won for a crime of violating road traffic law in the Jeonju District Court's military support on May 8, 2008. On January 21, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for the same crime in the same court.

Criminal facts

On May 5, 2018, when the Defendant had had had a history of driving two or more times, the Defendant driven Bho-do car under the influence of alcohol concentration of about 0.186% in the section of about 2 km from the front side of “mar-gu, Yujin-gu, Seoul, the front side of the “mar-gu,” located on 84, 2nd-way, the front side of the front side of the front side of the front side of the front side of the front city to the front side of the same 4rd-ro rice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (not less than twice drinking records) and other Acts and subordinate statutes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times or more due to drinking alcohol driving, and even if one of them is sentenced to suspended sentence, the Defendant was engaged in driving under the influence of drinking at the same time, and the alcohol concentration in blood is relatively high.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's reflection, the fact that a considerable time has elapsed from the time of the previous punishment, the age, drinking volume, the circumstances and result of the crime, and the circumstances revealed in the arguments in this case, such as the circumstances after the crime.

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