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(영문) 전주지방법원군산지원 2020.10.14 2020고단925
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 5, 2016, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for a crime of violation of the Road Traffic Act.

Around 1:08 on June 12, 2020, the Defendant driven a BM6 car at a section of about 30 km from the parking lot of the Dong Transport Center in Gyeonggi-gu in Seoul Special Metropolitan City to about 589 kyl Jin-gu in Seoul Special Metropolitan City from the parking lot of the Dong Transport Center in Busan Special Metropolitan City to 0.094% of alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, investigation reports (Attachment of the same kind of power), and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-driving.

However, the defendant reflects his depth in committing a crime, taking into account all the conditions of sentencing, including the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., and the scope of the term of punishment reduced only once.

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