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(영문) 전주지방법원 2020.10.15 2020고단576
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 December 9, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeonju District Court.

On March 6, 2020, at around 01:05, the Defendant driven an E K5 Habrid car while under the influence of alcohol concentration of about 0.081% at the 1km section from the Jin-gu Seoul Metropolitan City B apartment Cdong at Jeonjin-gu, Seoul Metropolitan City to the entrance of the D village at Jeonjin-gu, Seoul Metropolitan City.

The Defendant violated the prohibition of drunk driving more 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 investigation reports on criminal records, etc. (A) and investigation reports;

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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