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(영문) 전주지방법원 2018.08.14 2018고단952
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 14, 2018, the Defendant driven CMW car under the influence of alcohol content of about 0.201% at a section of about 3 km from the roads front of the trade name in Samcheon-gu, Samcheon-gu, Samcheon-si, Jeoncheon-si to the roads front of the Yansan-si, Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 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 regarding community service and lecture attendance order is that the Defendant, even though having been punished several times due to drinking, was engaged in driving under drinking, and the alcohol concentration in blood is also very high.

However, the defendant would not repeat the crime, such as disposing of the vehicle.

The punishment as ordered shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the Defendant’s age, sex, family relation, environment, circumstances after the commission of the crime, etc., and the fact that the previous drinking driving was punished in 206, and the Defendant’s age, sex, family relation, environment, circumstances after the commission of the crime.

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