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(영문) 전주지방법원 2020.12.17 2020고단1148
도로교통법위반(음주운전)
Text

The punishment of defendants shall be one year.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeonju District Court on July 6, 2015.

On April 24, 2020, at around 21:55, the Defendant driven a F K 7 car in the state of alcohol alcohol concentration of approximately 0.046% at a 300-meter section from the front day of the C cafeteria located in Seojin-gu Seoul Metropolitan City to the front day of the E cafeteria located in the same Gu.

The Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) (Attachment to previous records and copies of summary orders);

1. Provisions of the Act on the Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

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

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

There is a criminal record that has been sentenced to one fine.

The alcohol concentration, the distance from driving, the details of the detection, etc. shall be considered.

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