(영문) 전주지방법원 2020.04.08 2019고단1771

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(영문) 전주지방법원 2020.04.08 2019고단1771

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2007, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On July 14, 2019, at around 06:51, the Defendant driven the C “Skbex” motor vehicle with a blood alcohol concentration of about 0.097% in the section of about 5 km from the front of the parking lot for the “Skjin-gu B Apartment apartment” to the front road of the said Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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

1. In light of the circumstances where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is disadvantageous to the defendant, such as the fact that the defendant had been punished for drunk driving in 2007, the defendant appears to have returned to Korea on the day of drinking, the defendant appears to have used a proxy driving to cooperate with the police officer at the time of detection of drunk driving, and the fact that the police officer has no record of punishment for drunk driving since 2007, the defendant's blood alcohol concentration concentration level, age, character and behavior, environment, and the circumstances after the crime (including reflective attitude) shall be considered, respectively, and the sentence shall be made as the disposition is also ordered, taking into account the various conditions

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