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(영문) 전주지방법원 2020.12.09 2020고단1407
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 25, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on March 25, 2009, and a summary order of KRW 3 million to a fine at the same court on May 9, 201.

Nevertheless, at around 00:50 on April 5, 2020, the Defendant driven a DNA car in the state of drinking 0.116% of blood alcohol concentration from the 1km section from the front of the restaurant in which it is impossible to find out the trade name in the children of the So-jin-gu, Seoul Special Metropolitan City to the front of the C in the same Gu.

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 reasons for sentencing under Article 62-2 of the Criminal Act, including community service and lecture attendance order, the degree of blood alcohol and driving distance, the fact that there is an accident that forcibly conceals a motor vehicle that stops under the signals in the front section of the drinking driving, the fact that there is no human life damage due to a multi-accident, the fact that there are many penalties for the same kind of power (three times a fine) and different types of punishment, the fact that there is no criminal record exceeding a fine after 200 years, and other circumstances revealed in the trial process of this case, including the defendant's age, character and behavior, environment, family relationship, etc.

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