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(영문) 전주지방법원 2018.02.06 2017고단2166
도로교통법위반(음주운전)
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 was sentenced to a violation of the Road Traffic Act (drinking driving), a fine of two million won on February 24, 2012, and a fine of four million won on May 12, 2014, respectively, by the Jeonju District Court.

Although the Defendant had been punished twice due to drinking driving, the Defendant driven a B car under the influence of alcohol 0.158% alcohol level from the area of about 5km to the Korean charging road located in the same military-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, around October 16, 2017, even though there was a history of punishment twice due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, and the sentencing of Article 62-2 of the Social Service Order and Order to Attend the lecture under Article 62-2 of the Criminal Act, even though the defendant had been punished for a fine due to drinking, etc. on several occasions, driving under the influence of drinking at once, and other circumstances, such as the defendant's age and occupation, living environment, and driving under the influence of alcohol at the time of regulating;

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