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(영문) 전주지방법원 2018.09.18 2018고단1250
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

On April 29, 2014, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Jeonju District Court on April 29, 201, and was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Jeonju District Court on January 7, 2009, and was sentenced to a fine of two million won for a crime of violating the Road Traffic Act.

On June 5, 2018, while under the influence of alcohol 0.149% during blood transfusion, the Defendant driven a B car owned by the Defendant at approximately 50 meters from the first day of the trade name in Yansan-gu, Jeonju-si to the first day of the soup soup, the Defendant driven such car in the B car owned by the Defendant for about 50 meters from the first day of the soup soup.

Summary of Evidence

1. Statement by the defendant in court;

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 a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 Defendant, on the grounds of the sentencing of Article 62-2 of the Criminal Act, engaged in drinking alcohol, even though he/she had been punished several times due to drinking alcohol driving.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the record of the crime in this case.

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