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(영문) 전주지방법원 군산지원 2019.11.29 2019고단1205
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 24, 2009, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on February 24, 2009

9. On June 10, 201, a summary order of KRW 3 million was issued in the same court due to the same offense; on June 10, 2013, a summary order of KRW 5 million was issued for the same offense; and on August 23, 2017, a suspended sentence was issued for two years for imprisonment with labor for the same offense in the same court.

【Criminal Facts】

On September 12, 2019, at around 05:35, the Defendant driven a DNA liquid cargo vehicle with a blood alcohol concentration of 0.133% from the 50-meter section from the front of the main point in the building C in the building C to the emptyter at the entrance of the building B.

Accordingly, the Defendant violated the Road Traffic Act not less than twice the prohibition of driving under the influence of alcohol provided for in the Road Traffic Act.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has not been punished twice due to drunk driving, drinking, and non-licensed driving, and 2017;

8. 23. 23. Sentence 10 months of imprisonment with prison labor for drinking and unlicensed driving, and two years of suspended sentence, and the period of suspended sentence has not yet passed after the expiration of the period of suspended sentence, which led to driving of this case. The degree of blood alcohol content exceeds 0.133% is an unfavorable sentencing factor, which reflects the crime, and that the distance of actual driving is about 50 meters is only a favorable sentencing factor, and the defendant's age, character, conduct, family relation, etc. are considered as a favorable sentencing factor.

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