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(영문) 전주지방법원 남원지원 2020.01.21 2019고단275
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

[criminal power] On June 25, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on the summary order, ② on March 6, 2008, a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court's Branch Branch, ③ on June 30, 2008, and ③ on June 30, 2008, the Gwangju District Court issued a summary order of KRW 2 million as a fine for violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 24, 2019, at around 08:20, the Defendant driven the Bcoonc car in the state of alcohol alcohol concentration of about 0.205% from around the 5km section to the Gamri-ri, located near the Gamri-ri, the Dok-ri, the Dok-ri, the Dok-ri, the Dok-ri, the Dok-ri, the Dok-ri, the Dok-ri, the Dok-ri.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation reports and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, and circumstances after committing the crime, and taking into account various factors of sentencing as shown in the arguments in this case, the sentence shall be determined as ordered.

【Unfavorable Circumstances】 Driving of a motor vehicle shall cause serious damage to another person’s life, body, or property.

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