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(영문) 전주지방법원 정읍지원 2017.06.15 2017고단109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 16, 2016, the Defendant was issued a summary order of a fine of three million won or more due to a violation of road traffic laws at the Jeonju District Court’s Eup branch, and on November 28, 2016, the same court issued a summary order of five million won or more due to a violation of road traffic laws.

On February 7, 2017, the Defendant driven a motor vehicle with 0.141% alcohol level from the 2km section to the front road of the 'C certified tax accountant' office located in the 'C Tax accountant office located in the 'B' on the roads in the Go Chang Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gu, Seoul', and the 'B' on the roads in front of the 'B'.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (suspect A and prior convictions of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable consideration, such as the reflection of errors, the driving of compliance, and the absence of previous convictions exceeding fines);

1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

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