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(영문) 전주지방법원 2020.07.22 2020고단140

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeonju District Court.

At around 22:10 on January 8, 2020, the Defendant driven a DNA bluri-ri vehicle under the influence of alcohol level of about 200 meters from the 200-meter section from the front of a restaurant in the Yansan-gu, Seoul Special Metropolitan City to the front of the C Elementary School located in the Yansan-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Before judgment: Application of criminal records and investigation records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The sentence shall be determined in the same manner as the order, considering the reasons for sentencing under Article 62 (1) of the Criminal Act, the degree of alcohol concentration and driving distance, the same kind of power (one time a fine) and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment and family relationship;