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(영문) 전주지방법원 2020.04.28 2019고단1561

도로교통법위반(음주운전)등

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The sentence against the accused shall be determined by one year and six months of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2016, the Defendant was sentenced to a fine of KRW 3 million by the Jeonju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 28, 2019, at around 23:05, the Defendant driven a 1 ton cargo vehicle of D’s 1 ton, under the influence of alcohol content of about 0.148% from the 10-meter section from the front of the Yansan-gu apartment to C’s front road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

around 15:02 on December 23, 2019, the Defendant driven a F Spart car from the 20km section to the front day of the Sing-si in order to the front day of the Hag-gun in the Hag-si without a driver’s license on December 23, 2019.

Summary of Evidence

"2019 Highest 1561"

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports and investigation reports (attached to a summary order of the same type of power);

1. Defendant's legal statement;

1. A control statement;

1. Reporting on the violation of the Road Traffic Act (unlicensed driving) and the application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, a person among concurrent crimes: the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of violating the Road Traffic Act which are heavier than the punishment) ;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. One year to three years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Fully considering the sentencing conditions as shown in the record, such as the circumstances below the sentence, and the age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime.