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(영문) 전주지방법원 2020.04.21 2019고단1770
도로교통법위반(음주운전)
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 6, 2012, the Defendant was issued a summary order of KRW 2 million by the Jeonju District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 20, 2019, at around 00:15, the Defendant driven a F e-sports “e-sports vehicle” in the state of alcohol with a blood alcohol concentration of 0.123% from the 1km section from the front of the “C cafeteria” road located in Seojin-gu Seoul Metropolitan City, Seojin-gu B to the front of the E-west in the same city.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, the same kind of power, etc., and the application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.

- The Defendant has previously been subject to criminal punishment on several occasions due to the same and different types of crimes.

There shall be no history of criminal punishment exceeding the fine previously imposed on the defendant.

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