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(영문) 전주지방법원 2018.06.19 2018고단359
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 30, 2017, the Defendant, while under the influence of alcohol at around 20:40% of alcohol, driven a vehicle with approximately 300 meters of alcohol from the front side of 10,000 Gannam-gun-gun, Samwon-gun, Samwon-gun, Samwon-gun, Seoul, to the front side of the Jeju apartment located in 41, the front side of the king apartment located in the king-gun, Sejong-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 on the order to provide community service and attend lectures was that the Defendant had been punished two times or more due to drinking, but was also under the influence of drinking.

However, the punishment as ordered shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the fact that the defendant is against the defendant, the fact that there is no history of crime exceeding the fine, and the age, sex, family relationship, driving distance, etc. of the defendant.

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