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(영문) 전주지방법원 2020.11.17 2020고단825
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 27, 2011, the Defendant issued a summary order of KRW 5 million at the Jeonju District Court on May 29, 201, for the crimes of violation of the Road Traffic Act. The Defendant received a fine of KRW 3 million and a fine of KRW 5 million from the Jeonju District Court on May 29, 2015.

【Criminal Facts】

On March 29, 2020, at around 03:15, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.214% from around 1.8 km to the parking lot of the Agency for the Development of Local Autonomy in the Seoul Island located in the Jeonju-gun, Jeonju-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

around 23:05 on July 14, 2020, the Defendant driven Dsch Rexton car without obtaining a driver's license from around 800 meters from the front day of the 'C' road in the Jeonju-gun, Jeonbuk-gun, Seoul, to E.

Summary of Evidence

"200 Highest 825"

1. Defendant's legal statement;

1. Reports on the actual status of traffic accidents and the control results of drinking driving;

1. Previouss before judgment: Criminal history records, reply reports, and summary orders "200 high-class 209";

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the investigation report on traffic accident, and data on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act which are heavier than the punishment) ;

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

1. One year to three years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The sentence is based on a comprehensive consideration of the sentencing conditions as shown in the records, such as the circumstances below the sentence, and the age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime.

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