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(영문) 전주지방법원 군산지원 2017.06.21 2017고단308
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On February 11, 2010, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on November 4, 2013, a summary order of KRW 6 million as a fine for the same crime, etc. from the Jeonju District Court’s Gunsan Branch on November 4, 2013.

[2] On March 9, 2017, at around 03:00, the Defendant: (a) was under the influence of alcohol 0.162% in blood while under the influence of alcohol 0.162%; (b) the Defendant: (c) was under the influence of alcohol o; and (c) was under the influence of alcohol o; and (d) was under the influence of alcohol o.162% in the direction of the East-ro 2, 3-lane in the same city.

Accordingly, the defendant, who has violated the prohibition of driving under the influence of alcohol not less than twice, once again driven a motor vehicle under the influence of alcohol.

1. Statement by the defendant in court;

1. Report on the situation of driving at home, request for blood appraisal, response to requests for appraisal with countries and reports on the detection of drivers at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report attached to the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The grounds for sentencing under Article 62-2 of the Criminal Act [unspecified Sentencing Criteria] and the following circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined in full view of the following circumstances.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

In order to prevent recidivism after crimes, vehicles will be sold.

Except for punishment twice for the same crime, there is no record of criminal punishment otherwise.

Unfavorable circumstances: The crime of this case has been committed in spite of the record of being punished twice due to the crime of drinking driving.

The alcohol concentration in blood is considerably high 0.162%.

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