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(영문) 전주지방법원 2017.11.21 2017고단1634
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

The Defendant was issued, respectively, by the Jeonju District Court, a summary order of KRW 2 million on December 27, 2010, and a summary order of KRW 5 million on August 12, 2013.

On August 9, 2017, at around 01:0, the Defendant driven a C low-water car under the influence of alcohol content of about 0.121% at a section of about 700 meters from the 7080-on Dondong-dong-dong-dong, Busan to the end of the 3rd Station located in the same Ri from the 7080-on Dondong-dong-dong-dong-dong-dong-dong-dong-dong to the end of the oil station in the same Ri.

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 observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and the sentence of Article 62-2 of the Social Service Order and the Order to Attend the lecture under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished three times by a fine due to drinking, he/she is already under the influence of drinking at once, and other circumstances, such as the defendant's age and occupation, living environment, and alcohol concentration and driving distance, etc., taken into account;

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