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(영문) 전주지방법원 2020.11.18 2018고단1804
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 became final and conclusive.

Reasons

Punishment of the crime

On July 2, 2008, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Jeonju District Court on July 2, 2008, and the same court on September 9, 2013 to a summary order of KRW 4 million as the same crime.

Nevertheless, the Defendant, from around 18:45 on May 9, 2018 to 19:15 on the same day, driven the said cargo vehicle under the influence of alcohol concentration of about 3 meters from around 19:20 to around 19:25 on the same day, while driving the said cargo vehicle under the influence of alcohol concentration of about 0.152% from around 19:20 to around 19:27, from around 19:20 to around 00:27, from around 00:27, to the sales store located immediately next to the said Ephthyp, the Defendant:

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement, investigation report (12 reporter's report on telephone conversations), notification on the results of drinking control, and previous records as stated in his/her statement: Criminal history records and other inquiries, and the application of summary order statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Sep. 28, 2018; Act No. 15530, Sept. 28, 2018); the choice of imprisonment with labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant's records of drinking and unlicensed driving (in addition to the date of the suspension of sentence, there was a history of punishment of each fine for driving once and once for a non-licensed driving in 2002), the blood alcohol concentration and value of the defendant's blood alcohol level, and the police officer's report on the situation at the time of the crime of drunk driving as stated in the judgment was discovered, and at the time a traffic accident occurs.

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