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(영문) 전주지방법원 2017.02.14 2016고단2155
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On November 18, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Jeonju District Court for a crime of violation of Road Traffic Act (driving). On June 27, 2016, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.

[2] On November 18, 2016, the Defendant driven CM3 automobiles under the influence of alcohol with approximately 1.5 meters alcohol concentration of about 0.148% at the section of approximately 1.5 meters from the 1.5 meters away from the road before the Hanyang-dong, YU-dong, the Hanyang-dong, where it is impossible to find out the trade name near the Hanyang-dong, YU-dong, the Hanyang-dong, the Hanyang-dong, where it is difficult to find out the trade name near the Hanyang-dong, and the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a driver driving at the State, a report on the circumstances of the driver driving at the State, the appearance, uniform, language, and attitude of the driver driver;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on the suspect's driving force of drinking alcohol) statute;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Order to Attend Education – The circumstances unfavorable to the accused are two times a fine for the same kind of offense (driving alcohol level) and the degree of main offense (0.148%), repeating the same offense in a short period in a short period - There is no criminal offense favorable to the accused: serious reflectness, suspended sentence or heavier - Other comprehensive matters that are conditions for sentencing under Article 51 of the Criminal Act;

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