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(영문) 전주지방법원 2020.11.12 2020고단824

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 2 million at the Jeonju District Court on December 13, 2006 due to ① a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) on December 13, 2006, ② a fine of KRW 5 million due to the same crime on February 26, 2008, ③ a fine of KRW 3 million due to the same crime on January 3, 2009, ④ imprisonment for the same crime on February 9, 201, ④ imprisonment for eight months and ⑤ imprisonment for the same crime on April 18, 2014.

On March 21, 2020, at around 21:56, the Defendant driven EMW car while under the influence of alcohol 0.105% in a section of about 30 meters from the front of the Jinjin-gu Seoul Metropolitan City from the front of the Jinjin-gu, Seoul Metropolitan City to the front of D.

The defendant violated Article 44 (1) of the Road Traffic Act not less 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) and criminal records, etc.;

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

1. Discretionary mitigation of punishment prescribed in Articles 53 and 55(1)3 of the Criminal Act shall be recognized;

There is a criminal record of a fine of 15 times and a suspended sentence of imprisonment, and two times of imprisonment.

Even though alcohol concentration, driving distance, and the details of detection, etc. are considered, several times of punishment due to drinking driving, etc. and more severe consideration is given to the circumstances in which imprisonment has been sentenced twice.