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(영문) 전주지방법원 2020.08.13 2020고단121
도로교통법위반(음주운전)
Text

The punishment of defendants shall be one year.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court.

On December 27, 2019, at around 22:30, the Defendant driven a F-wing truck with the blood alcohol concentration of about 0.081% in a section of about 500 meters from the C cafeteria located in B of the Jeonju-gun to the E cafeteria located in D.

The Defendant violated the prohibition of driving regulations at least twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and investigation reports (verification of the same type of suspect records);

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

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

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

There are eight criminal records of fines, and six of which are related to driving.

It shall take into account the process and alcohol concentration, driving distance, etc. of the detection that divingd from the private distance.

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