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(영문) 전주지방법원 2021.03.26 2020고단2100

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] On November 17, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violation of Road Traffic Act (driving).

[2] On September 19, 2020, the Defendant driven D 2.4 SUV car under the influence of alcohol leveling 0.063% from the Do located in the 209 Do in the front city of 19:52, the front city of 209, the front city of 209, to the parking lot, and thereafter drive D 2.4 SUV car under the influence of alcohol leveling 0.063% in blood.

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

Summary of Evidence

1. The defendant's oral statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act and subordinate statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The elements of favorable sentencing: The fact that the defendant acknowledges and reflects his mistake, there is no criminal punishment exceeding the fine, and the fact that the recent criminal conviction was about 15 years prior to the same kind of offense.

E. Unfavorable elements of sentencing: The same criminal records are three times.