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(영문) 전주지방법원 2020.12.10 2020고단1053

도로교통법위반(음주운전)

Text

The punishment of defendants shall be one year and two months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2010, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court as a crime of violation of the Road Traffic Act.

On April 6, 2020, at around 21:55, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of about 0.073% at a section of approximately 300 meters in front of the Samcheon-dong Library in Samcheon-gu, Samcheon-gu, Jeoncheon-gu, Jeoncheon-gu, Seoul.

The Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) (report on summary orders attached to the same type of criminal records as a suspect);

1. Provisions of the Act on the Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

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

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

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There are criminal records of fines 11, which have been punished for drinking or non-licenseless driving.

The alcohol concentration, the distance from driving, the details of the detection, etc. shall be considered.