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(영문) 전주지방법원 2021.01.12 2020고단2108

도로교통법위반(음주운전)

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

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 11, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating Road Traffic Act (dacting driving) at regular Eup support of the Jeonju District Court.

【Criminal facts” From around 18:30 on September 21, 2020, the Defendant driven a DNA car while under the influence of alcohol leveling 0.291% from the 1km section to the road near Kim Jong-si, Kim Jong-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the suspect's previous history);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. Determination of sentence of imprisonment shall be made in consideration of the fact that the blood content ratio of the defendant at the time of the instant crime, which is extremely high, is extremely high, and that the defendant had several times of criminal punishment due to the crime of violation of Road Traffic Act, including the crime of drinking previously committed;

However, when the defendant has no past record of criminal punishment exceeding a fine until now, and the final criminal punishment is imposed for the same kind of crime, the execution shall be suspended in consideration of the fact that it was around 2010, and the sentencing conditions on the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined the same as the order.