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(영문) 전주지방법원 2017.12.05 2017고단1809
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 10, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on November 10, 2009; the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the same court on April 9, 2012; and on April 18, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for two years for a violation of the Road Traffic Act (driving) at the same court on April 18, 2014.

On September 14, 2017, the Defendant had been punished for drinking driving more than twice, but around 21:30 on September 21, 2017, the Defendant driven CM5 car under the influence of alcohol with approximately 0.084% alcohol concentration from approximately 500 meters to the front road of the vehicle service, which was located in 246 in the direction of the cafeteria in front of the cafeteria-gu Seoul Special Metropolitan City from the front day of the cafeteria-gu Seoul Special Metropolitan City to the front road of the vehicle service.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of a sentence of imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant was punished for drinking on several occasions, and on April 2014, the punishment of the probation and the order to provide community service and attend lectures was imposed, but the period of probation has not yet elapsed, and the defendant's age, occupation, living environment, etc. are taken into account.

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