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(영문) 전주지방법원 2020.12.09 2020고단1427
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 12, 2014, the defendant was issued a summary order of KRW 4 million by the Jeonju District Court for a violation of the Road Traffic Act.

At around 13:40 on May 2, 2020, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of about 0.108% from the 3m section of approximately 3 meters, from the croke-gu Seoul Metropolitan Government, to the roads preceding the said Croke-gu.

As a result, the Defendant driven a motor vehicle in violation of the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration and driving distance, the same kind of power (two times a fine) and the influence of drinking, causing an accident in which vehicles parked due to drinking, and other circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment, family relationship, etc., shall be determined as ordered by taking comprehensive account of the following factors;

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