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(영문) 전주지방법원 2020.05.13 2019고단1269
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2001, the Defendant was sentenced to a fine of KRW 500,00,000 as a crime of violation of the Road Traffic Act, at the Jeonju District Court on May 11, 201, a fine of KRW 3 million as a same crime at the Jeonju District Court on May 11, 201, and a fine of KRW 3 million as a fine in the same court on July 11, 2017.

Nevertheless, at around 22:25 on July 25, 2019, the Defendant driven the Category B of C rocketing car owned by B from the street in front of the front city in the front of the front city to the Egra in the same Gu, while under the influence of alcohol concentration of 0.237%.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A punishment shall be determined as ordered by comprehensively taking into account all the factors for sentencing, including the Defendant’s age, character and behavior, character and character, intelligence and environment, family relationship, motive of the crime, circumstances after the crime, etc., and all the factors for sentencing, such as the fact that drinking driving does not lead to an accident even three times before and after a drunk driving, and that the blood alcohol level is very favorable to the high: A punishment shall be determined as ordered by the order, considering the following circumstances:

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