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(영문) 전주지방법원 군산지원 2017.08.09 2017고단643
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

On October 27, 2011, the Defendant received a summary order of KRW 1,50,000,000,000 for a fine for a violation of road traffic law from the Jeonju District Court’s Gunsan Branch, on June 25, 201, a summary order of KRW 1,50,000 for a fine for the same crime in the same court on June 25, 201, and a summary order of KRW 5 million for the same crime in the same court on September 15, 2014.

On June 5, 2017, the Defendant driven a vehicle B, under the influence of alcohol content of about 0.140% in the section of about 10km from the section of about 10km to the bus stop in the Yansan-si, Sinsan-si, Sinsan-si, 265, around the 10:30 on the same day, from the front of the king-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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, who has been punished several times due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, is guilty of the nature of the crime. In particular, driving of drinking is caused by a large accident by driving under the condition that his or her ability to exercise his or her own caution and physical exercise has been significantly deteriorated, and thus, is highly dangerous to other unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant is recognized of his or her mistake and reflects, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined as per the order.

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