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(영문) 전주지방법원정읍지원 2020.11.19 2020고단463
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 November 25, 2010, the Defendant was issued a summary order of KRW 1,500,000,000 as a crime of violation of the Road Traffic Act in the Jeonju District Court’s branch court’s support.

【Criminal Facts】

At around 17:40 on August 1, 2020, the Defendant driven an Epoter 2 cargo vehicle while under the influence of alcohol leveling 0.081% of alcohol level from approximately 1.8km to D parking lot located in the front of B, North Korea, B, and C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. On-site evidentiary photographs;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspects' previous records and attachment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The execution of an order to attend a lecture is suspended on the condition of an order to attend a lecture, taking into account the reasons for sentencing under Article 62-2 of the Criminal Act, such as drinking alcohol, driving distance, circumstances leading up to detection (at the same time, the vehicle parked in the marina parking lot), the same criminal records [a fine of 1.5 million won on November 25, 201, a fine of 1.5 million won on a sound driving, and a fine of 70 million won on November 2, 2006], and the Defendant’s selling of the vehicle, etc.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

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