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(영문) 전주지방법원 2020.05.14 2020고단705

도로교통법위반(음주운전)등

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The punishment of defendants shall be two years.

Reasons

Punishment of the crime

On October 14, 2008, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act by the Daejeon District Court. On April 3, 2012, the Defendant was sentenced to a suspended sentence of eight months for the crimes of violation of the Road Traffic Act in the Jeonju District Court and the Eup branch court. On November 23, 2016, the Defendant was sentenced to a suspended sentence of eight months for the crimes of violation of the Road Traffic Act at the Daejeon District Court and completed the execution of the sentence on August 8, 2017.

1. Around July 20:40 on July 9, 2019, the Defendant driven a vehicle I salary-III in the state of alcohol alcohol concentration of about 0.220% in the section of approximately 200 meters from “F cafeteria E” to “H” in G.

The defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the I and III cargo vehicle, and operated the said vehicle that was not covered by mandatory insurance at the time and place of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses and mandatory insurance;

1. Notification of the control of drinking driving;

1. The results of inquiry and the application of Acts and subordinate statutes for reporting an investigation (the records of driving under the same kind of suspect);

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the determination of a sentence under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be recognized;

For a long time, a person has been punished for drinking driving, etc., and the case has occurred while the person is being punished for a repeated crime.

It seems that the level of exploitation is high, and it is necessary to impose sanctions on the personality and conduct continuing re-offending.