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(영문) 전주지방법원 2020.02.13 2019고단1895

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 4 million at the Suwon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million with a fine of KRW 4 million at the Jeonju District Court on December 4, 2013.

On October 8, 2019, around 01:33, the Defendant driven a C Uidi A6 car in the state of alcohol alcohol concentration of about 0.172% at the section of about 20km from the front of Busan Shipping Daegu B to the front of Gangseo-gu, Busan Metropolitan City Geographical Name Road.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

In the past, even though there has been a history of punishment for driving twice again, the crime of this case has been committed again, the blood alcohol concentration is very high, the confession that the long distance has been operated under the influence of alcohol, the fact that there is no criminal force of suspended execution or more.