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(영문) 전주지방법원 2020.08.20 2020고단23
도로교통법위반(음주운전)등
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

The Defendant received a summary order of KRW 3 million from the Jeonju District Court on October 9, 2012, and KRW 5 million from the fine on October 17, 2017.

On October 15, 2019, at around 23:35, the Defendant driven a motor vehicle E without a driver’s license, while under the influence of alcohol concentration of about 0.093% at approximately 200 meters from the front of the “C” located in Yansan-gu B at the front of the same “D” entrance.

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. The driver's license ledger;

1. Application of Acts and subordinate statutes, such as criminal records, reply reports, and the same kind of power;

1. Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 are three criminal records that have been sentenced to a fine due to drinking driving.

The alcohol concentration, the distance from driving, the course of enforcement, etc. shall be considered.

There seems to be personality and behavior that repeats drinking driving.

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