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(영문) 전주지방법원 2020.09.09 2019고단1369
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around 04:40 on July 28, 2019, the Defendant driven C125CC at the section of about 80 km from the 80km to the point of 62 km in the direction of water flow on the surface of the Yansan-gu in front of the Jeonju-si, Jeonju-si, through the following acid, while under the influence of alcohol by 0.280% of blood alcohol content.

2. No driver of any motor vehicle or horse or pedestrian other than those violating the Road Traffic Act shall drive on or cross an expressway;

Nevertheless, around 04:40 on July 28, 2019, the Defendant passed the expressway by driving C 125CC 125 km, on the south of the North Korean territory, at the 33-50-ro, Seogjin-gu, Seogjin-gu, Seogjin-si, Seogjin-gu, Seoul, to the point where 62 km is located on the west-do, the west-do, the west-do, the west-do

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to arrest or report a person suspected of violating the Road Traffic Act, such as a report on circumstantial statement of a drinking driver;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 1, 44 (1) of the Road Traffic Act (the occupation of driving a motor vehicle, the choice of imprisonment), subparagraph 6 of Article 154 of the Road Traffic Act, and Articles 63 (the occupation of driving a two-wheeled motor vehicle to an expressway and the choice of fines) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (as to the crime of violation of the Road Traffic Act at the time of market sale),

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is under the influence of alcohol and operated on an expressway with the soil contamination.

However, the defendant's crime is recognized, the occurrence of a traffic accident does not occur, the primary offender is, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and after the crime is committed.

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