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(영문) 전주지방법원남원지원 2020.08.18 2020고단152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 August 16, 2007, the Defendant received a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act, etc. from the Southern District Court of the Jeonju on August 16, 2007, and on April 7, 2017, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

At around 22:25 on May 30, 2020, the Defendant walked a CPoter Ⅱ that is parked on the road B at Namwon-si, Namwon-si, and runs along the “E in D” page.

Then, after the cargo is parked on the opposite road, the vehicle was driven on the south-si B plane in the south-si where the said cargo was parked, again, the vehicle was parked at the edge of the road, etc. at approximately 200 meters of alcohol level 0.215% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Investigation report (property made with blood alcohol concentration);

1. Photographs related to the case;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

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 (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, such as probation, community service order and order to attend lectures;

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

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, three years under suspended sentence, taking into account the following circumstances, comprehensively taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, various sentencing factors as shown in the pleadings of this case shall be determined as ordered.

[Unfavorable circumstances] The drinking driving of a motor vehicle is the life, body, and body of another person.

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