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(영문) 전주지방법원 2020.05.28 2019고단1293
도로교통법위반(음주운전)
Text

The sentence of a defendant shall be KRW 5,000,000.

When a fine is to be paid, it shall be confined in a workhouse for 50 days.

Reasons

Punishment of the crime

On March 26, 2010, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

On July 12, 2019, at around 10:09, the Defendant driven a B slot car with a blood alcohol concentration of about 0.04% in the section of approximately 2.9km from the front day of the Southern Viewing Province to the front day of the Southern Dogwon (IC) rate of approximately 60km.

The defendant violated Article 44 (1) of the Road Traffic Act 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 on criminal records, reply reports on criminal records, and attachment of evidentiary materials;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The determination of a sentence under Article 334(1) of the Criminal Procedure Act against provisional payment order is recognized;

There is a history of fine of two times, including a fine of the same kind before 10 years.

The alcohol concentration and alcohol shall be deemed to have been frighted after the following day, and the circumstances of driving shall be taken into consideration.

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