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(영문) 전주지방법원 2018.02.06 2017고단2164
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of two million won for a crime of violating the Traffic Act on April 20, 209 at the Jeonju District Court, and a fine of two million won for the same crime on August 24, 201, and two years for suspended execution, respectively.

Although the Defendant had been punished for drinking twice or more, on October 28, 2017, at around 23:47, the Defendant driven BP car under the influence of alcohol concentration of approximately 0.177% in the blood alcohol level from around 600 meters to the front road of 232 in the city of Kim Jong-si, from around October 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

1. Report on internal investigation (the statement of the reporter);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was punished several times due to drinking, etc.; (b) the Defendant was punished twice or more due to drinking, etc.; (c) the Defendant driven at the same time despite having been sentenced to a suspended sentence; (d) the Defendant, upon receiving a report on driving under the influence of alcohol and controlled by the police; and (e) the Defendant, in the course of an investigation, denied the driving of alcohol or delayed the measurement of drinking, and refusing to affix a seal on the investigation documents; and (e) other various circumstances, such as the Defendant’s age, occupation, living environment, and blood alcohol concentration at the time of crackdown;

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