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(영문) 전주지방법원 2019.10.30 2019고단555
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On January 8, 2009, the Defendant was sentenced to a fine of six months by the Jeonju District Court for a violation of the Road Traffic Act (driving) and three million won by the same court on June 24, 2012.

【Criminal Facts】

Although the Defendant had been subject to punishment twice or more due to drunk driving, on March 4, 2019, the Defendant again driven a D low-speed car from the cross-sprink to the 10km of approximately 10km under the influence of alcohol level 0.169% under the influence of alcohol level on March 4, 2019, at around 0:07.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on the actual condition of traffic accidents, reports on the statement of the state of drinking drivers, and reports on the control of drinking driving;

1. Investigation report (Report on the status of an employee);

1. Previouss: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of power);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the pertinent Article of the Act on Criminal Facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the following circumstances: the Defendant’s age, character and conduct, environment, occupation, occupation, family relationship; the motive and consequence of the crime; and the various sentencing conditions shown in the trial process, including the circumstances after the crime, etc.

- The blood alcohol concentration is high and the driving distance is also visible.

- The defendant has a criminal record of a sentence and a fine of several times due to drinking driving.

- The defendant is led to confession.

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