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(영문) 전주지방법원 군산지원 2018.09.12 2018고단806
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 8, 2010, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating road traffic law in the public support of the Daejeon District Court on February 8, 2010, and a summary order of KRW 7 million for the same crime in the military support of the Jeonju District Court on January 12, 2015.

[2] The Defendant: (a) was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving of alcohol); (b) was driving a B-lease car under the influence of alcohol with approximately 0.126% alcohol level from the front side of the main road where it is impossible to identify the trade name in the Hasan movable property zone around June 21, 2018 to the front side of the Hasan real estate located in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of the same record as the suspect), application of each summary order statute;

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 fact that the defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act was five times the record of punishment for driving under drinking, is disadvantageous.

However, it is advantageous to the fact that the defendant's mistake is divided.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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