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(영문) 전주지방법원 2018.05.29 2017고단2399
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant, while under the influence of alcohol content of 0.077% in blood, driven a Bbenz car in the section of approximately 100 meters from the front day of a restaurant, which was located in the Donjin-gu in Jeon-jin-gu, Seoul, to the front day of a restaurant, which had mutual influence near the Donjin-gu, Jinjin-gu, Seoul, to the front day of the 64 treatment apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Consent to blood collection and written confirmation;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant legal provisions and Articles 148-2 (2) 3 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, even though the Defendant had a record of two times or more due to drinking alcohol driving, was engaged in driving under the influence of drinking.

However, the punishment is determined as ordered by comprehensively taking into account the following circumstances, such as the Defendant’s age, family relationship, environment, background and result of the crime, and the circumstances after the crime.

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