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전주지방법원 군산지원 2020.04.01 2019고단1740

도로교통법위반(음주운전)

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 April 27, 2016, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on April 27, 2016.

【Criminal Facts】

On December 4, 2019, at around 04:09, the Defendant driven a D horse frist car at a three-meter section of the road front of the Cju-si located in Isan-si, under the influence of alcohol of 0.102% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, a report on the situation of a drinking driving, a photograph of a black boom, and a report on internal investigation (Evidence Nos. 10);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Evidence Nos. 18), application of Acts and subordinate statutes of summary order;

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 following: (a) recognition of the crime of this case with the reason for sentencing; (b) there is no record of criminal punishment exceeding the fine; (c) the fact that there was a record of punishment for the crime of drunk driving; and (d) the defendant’s age, character and conduct, environment, and the circumstances before and after the crime of this case; and (b)