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(영문) 전주지방법원 2018.07.03 2018고단452
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 July 23, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jeonju District Court on July 23, 2008, and a fine of three million won for the same crime at the same court on May 23, 201.

Although the Defendant had been punished twice or more due to drinking, on February 22, 2018, at around 22:34, the Defendant driven D-do nick drive in D-do, under the influence of alcohol content of about 1.3 meters from around 1.3 meters to around the restaurant for 80 South-ro (effective 3) located in 73 Don-ro Don-gu Donsan-si Don-si Don-si Don-si Don-si Don-si on February 22, 2018, the Defendant driven D-do nick in the influence of alcohol concentration of about 0.160%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result 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, report on investigation (verification of the same kind of force);

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, the sentence 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, etc., and the sentence of a fine twice, and the defendant's age, sexual conduct, family relationship, environment, circumstances after the crime was committed.

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