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(영문) 전주지방법원 2018.07.17 2018고단713
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

On March 29, 2018, while under the influence of alcohol 0.2220% among blood, the Defendant driven a car at approximately approximately KRW 200 meters from the front side of a public parking lot located in 2-Gu, Seojin-gu, Jeonjin-gu, Seoul, to the front side of the hotel 21, which is located in 186 in the same Doro 186.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A written appraisal of alcohol concentration in the blood;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Application of Acts and subordinate statutes to a report on investigation (inspection of driving distance);

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

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant, even though having been subject to two times or more due to drinking alcohol driving, was engaged in drinking alcohol, and alcohol concentration in blood is also very high.

However, the fact that the defendant is against the defendant, the sentence of a fine was made twice, and other circumstances shown in the arguments of this case, including the defendant's age, sex, family relationship, environment, circumstances and results of the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

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