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(영문) 전주지방법원 2017.08.29 2017고단899
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and a summary order of KRW 2 million for the same crime from the Seosan Branch of the Daejeon District Court on December 2, 201, respectively.

Although Defendant was punished twice or more due to a violation of the Road Traffic Act (drinking), Defendant 1 driven a BS car under the influence of alcohol with approximately 0.084% alcohol level from the 50-meter range in front of the road in the YY-gu Seoul Special Metropolitan City on April 23, 2017 to the road front of the convenience store in the same Dong, around 22:50 on April 23, 2017.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and Punishment (Article 62(1)3 of the Criminal Act), was the previous criminal record of having been sentenced to a fine twice due to drinking driving in the past, and other circumstances, such as the Defendant’s age, occupation, living environment, and driving under drinking even when he/she was punished several times due to driving without a license, including the Defendant’s age, occupation, and alcohol concentration and driving distance at the time of crackdown, etc.

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