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(영문) 전주지방법원 2021.02.16 2020고단2359

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by one year and two months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

[Power of crime] On June 22, 2009, the Defendant was issued a summary order of KRW 1 million by the Jeonju District Court for a crime of violation of Road Traffic Act (driving).

[Criminal facts] On October 29, 2020, around 00:55 on October 29, 2020, the Defendant driven a DNA halog car under the influence of alcohol leveling 0.072% of alcohol level from approximately 7km section from the roads front of the mutual influence-dong, Seoul Metropolitan City, Seojin-gu, Seoul to the roads front of the KOjin-gu, Seoul Metropolitan City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. The defendant who had been sentenced to criminal punishment for the same kind of crime before two times but has served to commit the instant crime again, shall be selected by taking into account the fact that the defendant had served to commit the instant crime;

However, at the time of the crime of this case, the defendant's blood concentration level is not high, the defendant has no record of criminal punishment in the last ten years, and the defendant's wife actively desires the defendant's wife, and the execution of imprisonment is also suspended.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.