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(영문) 전주지방법원 2020.04.28 2019고단1674

도로교통법위반(음주운전)

Text

The sentence against the accused shall be determined by a fine of KRW 10 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2017, the Defendant was sentenced to a fine of KRW 1 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2019, at around 04:14, the Defendant driven an E 3 car while under the influence of alcohol content of 0.122% from a 30-meter section from the troke side of the Yansan-gu B apartment Cdong at the Jeonju-si to the trokede next to the said B apartment Ddong.

As a result, the Defendant violated the regulations on 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. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. A fine of 10 million won to 20 million won in the scope of a punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.

- The defendant has previously been subject to criminal punishment for the same kind of crime.

The favorable length - the distance of the defendant's drunk driving is very short of 30 meters.

In full view of the circumstances shown in the record, the defendant's assertion that an agent has driven a motor vehicle temporarily in order to park again after the motor vehicle has failed to park properly is reliable to some extent.

- The Defendant had no record of having been subject to criminal punishment other than having been subject to criminal punishment once prior to the foregoing time.

In full view of these circumstances, it seems reasonable to ensure that the status of the defendant who has served as a public official is maintained more faithfully.