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(영문) 전주지방법원 2020.10.15 2020고단624
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 January 29, 2019, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court due to a violation of the Road Traffic Act.

On March 3, 2020, at around 01:26, the Defendant driven an E-5 vehicle while under the influence of alcohol 0.128% in the section of approximately 200 meters of blood alcohol level from the 200-meter Bara to the front of D in the same Gu C.

The Defendant violated the prohibition of driving under the influence of alcohol not less 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 criminal records, etc. inquiry reports (A) and investigation reports (verification of suspect drinking records);

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. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There are two criminal records of fines.

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

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