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(영문) 전주지방법원 군산지원 2018.07.18 2018고단146
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on May 8, 2008, and a fine of four million won for a crime of violating the Road Traffic Act in the same court on May 26, 2014.

On January 27, 2018, the Defendant driven a motor vehicle with the highest alcohol level of 0.134% from the 2-km section of the blood alcohol level from the 2-meter radius to the 3-distance from the judi-dong in the Sinsan-si, Sinsan-si, where the trade name of the Sinsan-si, Sinsan-si, Sinsan-si cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the situation of a driver who takes driving, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (the same kind of force);

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 under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal history, and that the defendant's blood alcohol concentration level at the time of driving the drinking of this case is considerably high. However, it is favorable that the defendant's mistake is divided.

In full view of these circumstances and the defendant's age, sex, environment, motive, means and result of the crime, the sentencing conditions as shown in the pleadings shall be determined as ordered.

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