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(영문) 전주지방법원 2016.11.22 2016고단1330
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 8, 2007, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Jeonju District Court on November 8, 2007, and a summary order of KRW 3 million for the same crime at the same court on October 4, 2013.

【Criminal Facts】

On August 21, 2016, the Defendant driven a C body-man car in a state of alcohol alcohol level of approximately 0.089% from a section of about 200 meters of alcohol level to a 200 meters of alcohol level in front of the Southern-gu, Chungcheongnam-gu, Songcheon-gu, Jeoncheon-gu to the front end of the Manyung-do, a river in the same Dong.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing and attending a course of probation and attending a course of education - Circumstances unfavorable to the defendant: The circumstances favorable to the defendant include three times the same kind of criminal records: serious reflectness, the absence of any criminal records for probation or attending a course of education, -

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