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(영문) 전주지방법원 남원지원 2018.01.30 2017고단271
도로교통법위반(음주운전)
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On November 9, 2006, the Defendant was notified of a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act in the support of the Southern District Court of the Jeonju on November 9, 2006, and was notified of a summary order of a fine of two million won for the same crime in the same court on July 8, 201.

[2] On November 3, 2017, the Defendant, while drunking around 20:30% of alcohol in blood, driven a vehicle with C’s low-priced popon in the section of about 500 meters from the 50-meter radius to the front road of the same Confucian School 5, Dong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, investigation report 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment, the Defendant had been punished for driving under drinking prior to three times, it should be criticized that the Defendant again committed the instant crime.

However, considering the fact that the most recent punishment for drinking driving was around July 8, 2011, that the defendant's blood alcohol concentration did not reach a very high level at the time of the crime of this case, and that the distance of the defendant's driving of drinking is not too long, it is not determined that the defendant should not be sentenced to imprisonment immediately.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.

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