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(영문) 전주지방법원 2017.08.08 2017고단802
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 April 10, 2009, the Defendant was sentenced to a fine of KRW 500,000 as a violation of the Road Traffic Act (driving), May 31, 2010 to a fine of KRW 500,000,000 as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), a violation of the Road Traffic Act (driving) and a fine of KRW 5 million as a violation of the Road Traffic Act (driving), and a fine of KRW 2.5 million in the same court on June 1, 201, respectively.

However, on April 20, 2017, the Defendant driven a car in the column B in the section B from approximately 2 km to the three-lane of the head of the Dong-dong Dong-dong Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, with alcohol level 0.084% under the influence of alcohol level from around 17:48.

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. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The observation of the protection of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act, and the sentencing of Article 62-2 of the Act on the Suspension of Execution of Sentence 62-2 of the Act on the Suspension of Execution of Punishment of Small Quantity, even though the defendant had been punished three times by a fine due to drinking driving, etc., in addition, taking into account other circumstances, such as the defendant's age, occupation, living environment, and driving distance, etc.

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