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(영문) 전주지방법원 2018.07.17 2018고단684
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 2, 2011, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act in the Jeonju District Court's Gunsan Branch on June 2, 201, and was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Jeonju District Court on May 15, 2008, and was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Jeonju District Court.

On March 30, 2018, the Defendant, while under the influence of alcohol 0.233% during blood transfusion around 16:00, driven a C New Drille car owned by the Defendant, with approximately 3 km percent of alcoholic meters from the road near the Yansan-gu, Jeonju-si, Jeonju-si, Jeonju-si, Jeonju-si, to the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

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 a reply to inquiry, such as criminal history, report on investigation (a summary order and attachment of judgment) Acts and subordinate statutes;

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 with respect to the observation of protection and the order to provide community service and attend lectures, despite the fact that the Defendant had been punished five times or more due to drinking driving, he/she was engaged in driving under the influence of drinking, and the alcohol concentration in blood is also very high.

However, the sentence shall be determined as per the text by comprehensively taking into account the following circumstances, such as the defendant's age, environment, background and result of the crime, and the circumstances after the crime.

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