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(영문) 전주지방법원 남원지원 2018.08.28 2018고단124
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On May 29, 2009, the Defendant issued a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) at the support of the Jeonju District Court on May 29, 2009, and two million won as a fine in the same court on January 6, 2012.

On April 24, 2018, at around 03:08, the Defendant driven a B Car under the influence of alcohol with approximately 800 meters alcohol content 0.074% from the 800-meter section to the new village in the front of the village located in 171-3 of the same Myeon, from the roads in front of the aptitude test in the previous North Ch Chang-gun.

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. Previous convictions in judgment: Application of inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;

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;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. Despite the fact that the defendant had had a record of punishment for driving under drinking on two occasions, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and that there is no criminal conviction other than the fine, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the arguments in this case shall be determined like the order.

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