(영문) 전주지방법원 군산지원 2020.05.13 2020고단190

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2020.05.13 2020고단190

도로교통법위반(음주운전)

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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

On April 25, 2011, the Defendant was issued a summary order of KRW 5 million with fines for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Military Mountain Branch on April 25, 201, and a summary order of KRW 3 million with the same court on August 27, 2009, respectively.

On February 1, 2020, at around 23:40, the Defendant driven a B-to-pur motor vehicle at a section of about 10 meters under the influence of alcohol 0.161% while under the influence of alcohol on the side of the 78 U.S. U.S. 78 U.S., Sinsan-si.

Therefore, even though the Defendant was punished for drinking driving, the Defendant was under the influence of driving again, and driving the vehicle as above.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, actual condition survey reports, circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 20) and the application of 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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that an order to attend a lecture is recognized and reflected in the crime of this case, the fact that there was a history of punishment several times due to the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime of this case

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