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(영문) 전주지방법원 2020.11.26 2020고단980
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 March 9, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on March 9, 2016.

At around 22:00 on April 14, 2020, the Defendant driven a Fchier car at about 1 km section from the front day of the cafeteria-gu Seoul Metropolitan Government to the front day of the E Licensed Real Estate Agent D located in Seojin-gu Seoul Metropolitan City, Seojin-gu, Jeonjin-gu, Seoul, with the alcohol concentration of 0.09%.

The Defendant violated 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. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There is a criminal record that has been sentenced to two times of fine due to drinking driving.

The alcohol concentration, the distance from driving, the details of the detection, etc. shall be considered.

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