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(영문) 전주지방법원 2016.11.15 2016고단1232
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal power] On May 20, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court, and a summary order of KRW 1.5 million for the same crime at the Jeonju District Court on February 26, 2014.

【Criminal Facts】

On July 25, 2016, at around 22:17, the Defendant driven CK7 car under the influence of alcohol content of about 0.070% from a section of about 1km to the 50% in front of the double main body, which was located in 9-3 Donsan-gu, Ysan-gu, Seoul, the second half of the main body to the 61st day of the Erash-ro.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, appearance, uniforms, language, and attitude of drinking drivers;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service and order to attend lectures - Circumstances unfavorable to the defendant: The fact that four times a previous convictions are identical to the defendant, and circumstances favorable to the defendant exist: The fact that a serious reflect on the circumstances favorable to the defendant, or the fact that a suspended sentence has no longer been granted; and

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