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(영문) 전주지방법원 2020.06.24 2019고단1323
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[Criminal Power] On May 28, 2019, 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.

【Criminal Facts】

The defendant from June 15, 2019 to the same year.

9. Until June 22, 201, the driver was under the influence of Article 44(1) of the Road Traffic Act even if the driver was under the influence of the driver’s license and was under the influence of 0.080% of the blood alcohol concentration at approximately 100 meters from the 100-meter section before the front of the aftermath of the C Park located in the Yan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front of the E convenience store located in D.

Summary of Evidence

1. The defendant's statement in court; 1. The police statement in G;

1. The actual survey report on traffic accidents;

1. On-site inspections and photographs of accidents;

1. Investigation report (related to attaching images of a disaster);

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses and the next registered inquiry;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed the instant crime even though he/she had been punished once due to drinking driving in the past and the validity of driving licenses has been suspended, and the instant crime is not good for the occurrence of traffic accidents.

However, the defendant recognizes his mistake, and the defendant has no record of criminal punishment except for two times of fines, and other charges.

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