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(영문) 전주지방법원 2018.08.14 2018고단938
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 October 10, 2008, the Defendant received a summary order of KRW 500,000,000 from the Jeonju District Court's branch court to a fine of KRW 500,000 as a crime of violating road traffic laws (drinking). On March 31, 2014, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the Jeonju

[Criminal facts] On April 10, 2018, the Defendant driven a Austria car while under the influence of alcohol content of about 0.100% from approximately 200 meters to the front road of the same red-ro 45 mal. on the two-way road in the Yansan-gu Yansan-si, Jeonju-si, Seoul Special Metropolitan City.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. 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 was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, it shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, and the circumstances after the crime.

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