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(영문) 전주지방법원 군산지원 2020.03.09 2019고단1768

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, 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

[Criminal Power] On July 29, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on July 29, 2013.

【Criminal Facts】

On December 9, 2019, at around 04:00, the Defendant driven a DNA car from approximately 1 km to the distance of the chamber of commerce and industry south East-dong, South and North Korea, under the influence of alcohol with 0.170% of blood alcohol concentration 0.170%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the situation of a drinking driver, the photograph of evidence, the report on the request for appraisal, and the investigation report (Evidence No. 16);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Evidence Nos. 18), application of Acts and subordinate statutes of summary order;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act are recognized and against the crime of this case, the fact that there was a record of punishment for the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character, conduct and environment, and the circumstances before and after the crime of this case, shall be determined as ordered by the court