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(영문) 전주지방법원 2017.05.23 2017고단273
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 August 21, 2007, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a violation of road traffic laws (drinking driving), and on November 24, 201, a summary order of KRW 2.5 million from the Jeonju District Court’s Gunsan Branch to a fine of KRW 2.5 million for the same crime, respectively.

On February 6, 2017, around 21:45, the Defendant driven a Crane vehicle under the influence of alcohol concentration of about 0.062% from the 1km section to the reputation apartment in the same 5-lane from the street in front of the Doncheon-gu, Seocheon-gu, Seoul to the reputation apartment in the same 5-lane.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

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. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

1. The fact that the defendant was punished three times by a fine due to drinking, driving without a license, etc. under Article 62-2 of the Criminal Act for the reason of sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, Article 62-2 of the Act on the Suspension of Execution of Sentence 3 under Article 55(1) of the same Act, and other circumstances such as the defendant's age and occupation, living environment, and alcohol concentration and driving distance during blood at the time of crackdown, etc.

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