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(영문) 전주지방법원 2018.04.10 2017고단2420
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

On November 13, 2014, the Defendant issued, at the Jeonju District Court, a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), and on March 7, 2016, a summary order of KRW 3 million in the same court, respectively, due to a violation of the same Act.

Nevertheless, on November 27, 2017, the Defendant driven three cargo vehicles with approximately 700 meters alcohol concentration of 0.063% in blood while under the influence of alcohol, from the 700-meter section to the front road of the drug for large livestock, located in the same unit, from the ambling road near the ambane-gu, Seoul Special Metropolitan City on November 27, 2017.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of suspension from driving under drinking;

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 (the previous confirmation of such past history);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are that the defendant reflects his mistake, that there is no record of crime exceeding the fine, and that there is no record of sentencing as indicated in the records, and the sentence is rendered as ordered.

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