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(영문) 전주지방법원정읍지원 2020.12.24 2020고단427
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On April 7, 2017, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support.

On August 7, 2020, the Defendant, while under the influence of alcohol on August 21:23, 2020, driven a Cpoter truck owned by the Defendant on the road located around approximately 6 km section from the front line B in the front line of the Go Chang-gun, North Chang-gun, to the front line of the treatment terminal of the detailed sewage in the same military.

Summary of Evidence

1. Defendant's legal statement;

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. A detailed statement on handling 112 reported cases;

1. Previous conviction in judgment: Criminal history records, reply reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of a copy of summary order;

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. Article 62 (1) of the Criminal Act;

1. The police officer sent out after receiving a report on the reason of sentencing Article 62-2 of the Criminal Act, was found to have been discovered.

The blood alcohol concentration is very high.

In consideration of the records of the same kind of crime (a fine of one million won for drunk driving on April 7, 2017, and a fine of 700,000 won for unlicensed driving on July 9, 2003), etc., the execution of a sentence shall be suspended on the condition that the community service order and the order to attend a lecture be issued.

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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