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(영문) 전주지방법원 2021.01.26 2020고단2103
도로교통법위반(음주운전)
Text

The sentence against the accused shall be seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Power of crime] On October 19, 2006, the Defendant was issued a summary order of KRW 700,000 by the Jeonju District Court for a crime of violation of Road Traffic Act (driving).

[Criminal facts] On September 29, 2020, the Defendant driven FMW car under the influence of alcohol 0.076% from the 3km section of alcohol level from the 3km section from the roads in front of the city of Jeon-gu, Seoul to the roads in front of the E Hospital located in Young-gu, Jeonjin-gu, Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and notification to the department related to the report of 112 case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 5 million won to 10 million won in the scope of punishment by law; and

2. It is inevitable to impose criminal liability to a certain extent on the defendant who had previously been sentenced to criminal punishment for the crime of drinking driving, inasmuch as he/she again committed the instant crime even though he/she had the record of criminal punishment.

However, at the time of the crime of this case, the defendant's blood concentration level is not higher than that of the defendant, and the defendant was punished only once in 2006 as stated in its reasoning and the fine is selected and the mitigation of amount is also taken.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.

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