(영문) 전주지방법원 군산지원 2020.03.09 2019고단1656

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(영문) 전주지방법원 군산지원 2020.03.09 2019고단1656

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

[criminal power] On March 27, 2007, the Defendant issued a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on July 23, 2010, a summary order of KRW 2.5 million for the same crime at the Jeonju District Court, and on May 10, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

【Criminal Facts】

On November 16, 2019, the Defendant driven an EK7 vehicle from around 500 meters to the D convenience store located in the same city, as the Defendant was under the influence of alcohol of 0.120% of blood alcohol level around 11:03.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual situation, photographs of accident site, report on the results of the drinking driving control, report on the state of drinking drivers, report on the statement, report on the request for appraisal, and notification of the results of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Evidence Nos. 21), copies of judgment, and copies of summary order 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act has a record of being punished several times for the same kind of crime of drinking driving for the reason of sentencing, the fact that the defendant recognizes and reflects the crime of this case, and other conditions of all kinds of sentencing that are shown in the records, such as the defendant's age, character and behavior, environment and circumstances before and after the crime of this case, shall be determined as ordered

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