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(영문) 전주지방법원 2017.08.08 2017고단576
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 received a summary order of KRW 250,000,000 from the Jeonju District Court on May 30, 201, a fine of KRW 1.5 million on May 30, 201, and a fine of KRW 2.5 million on March 28, 2016, respectively.

Although the Defendant had had a history of driving alcohol twice or more as above, on March 19, 2017, around 18:32, the Defendant driven a B rocketing or other car under the influence of alcohol concentration of about 0.106% in the direction of about 12 km from the 61-11-rom of the Pungnam-gun-gun, North Korea, to the front direction of the stadium, which is located in the chillic vibration in the previous Sowing-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The following circumstances are considered: (a) the observation of the protection of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Mitigation of Small Quantity; and (b) the reason for sentencing under Article 62-2 of the community service order and Article 62-2 of the Criminal Act: (c) the Defendant was punished by a fine on three occasions or one occasion due to driving without a license due to drinking; (d) the Defendant, at the time of driving of the instant case, was under the influence of a police officer called out upon receiving a report by the Defendant who was locked while waiting for the signal on the road under the influence of alcohol; and (e) other circumstances, such as the Defendant’s age and occupation, living environment

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