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(영문) 전주지방법원 2020.09.16 2019고단2346
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On January 29, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Jeonju District Court on January 29, 200, and two million won as a fine in the same court on October 13, 2010, respectively.

【Criminal Facts】

On November 28, 2019, at around 21:35, the Defendant driven a 1 ton truck of Fransh three to one ton in the state of alcohol alcohol concentration of approximately 500 meters from the street in front of the front of the city of the front of the front of the front of the front of the Republic of Korea to the front of the E elementary school in the same Gu D, with approximately 00 meters water level of approximately 0.255%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished three times due to drunk driving.

However, it is favorable to the defendant that there is no record of criminal punishment exceeding the fine and that the defendant's mistake is recognized and against it.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.

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