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(영문) 전주지방법원 정읍지원 2016.09.29 2016고단357
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 22, 2007, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating road traffic law (dacting driving) in the Jeonju District Court’s Eup branch on March 22, 2007, and on August 25, 2010, issued a summary order of KRW 700,000 as a crime of violating road traffic law (dacting driving) at the Jeonju District Court’s

[Criminal facts]

1. On July 4, 2016, the Defendant driven B 125CC Bab while under the influence of alcohol at approximately 0.050% of alcohol content in the front of an apartment house in the front of the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, an Eup located in the Gowon-gun, Gowon-gun, Gowon-gun, an Eup located in the same Eup/Myeon, from July 4, 2016 to the front of the same Eup/Myeongwon-dong, even though he had a history of drinking twice or more.

2. On July 6, 2016, the Defendant driven B 125CC Bab while under the influence of alcohol with approximately 0.128% alcohol concentration from the front of the apartment house in the district of approximately 500 meters to the front of the same Eup/Myeon located in the Gowon-gun, Go Changwon-gun, Gowon-gun, Gowon-gun, Gowon-gun, an Eup/Myeon on July 6, 2016, even though he had a history of driving alcohol twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of each driver taking driving, detailed statement on the use of a drinking measuring instrument, and output of a drinking measuring instrument;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on criminal records of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The conditions for sentencing favorable to the defendant, including the observation of protection, Article 62-2 of the Social Service Order Criminal Act, and Article 59(1) main sentence of the Act on the Protection, Observation, etc., that the defendant committed a crime and reflects the wrongness, etc., and that the defendant has been subject to punishment several times due to drinking driving, and that the defendant was exposed to the crackdown on drinking, and that the defendant repeats the driving of a second drinking, which is disadvantageous to the defendant.

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