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(영문) 전주지방법원 2020.11.12 2020고단751
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 May 13, 2013, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

around 22:05 on March 20, 2020, the Defendant driven a eclus 200 vehicle while under the influence of alcohol level of 0.089% in the section of approximately 2 km from the front day of the Yansan-gu, Seoul to the front day of the same Gu.

Defendant violated this prohibition of drinking 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) 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. Probation and community service order recognize errors in the determination of 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 details of being discovered by a report made on the road, alcohol concentration, driving distance, etc. shall be taken into account.

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