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(영문) 전주지방법원 2020.11.25 2020고단886
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

On December 15, 2006, the Defendant received a summary order of KRW 1 million from the Jeonju District Court due to the crime of violation of the Road Traffic Act.

Despite the above power, the Defendant driven the E rocketing car from the Do in front of the “C” located in the Jinanan Army B to the front road of D, around April 10, 2020, while under the influence of alcohol of 0.050% of the blood alcohol content around 19:25 on April 10, 202.

Summary of Evidence

1. Legal statement, traffic accident, actual condition investigation report, and on-site photograph of the defendant;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving.

However, considering that the defendant's mistake is recognized and reflected, there is no record of criminal punishment except for one fine, and other circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, family relationship, and environment, the punishment shall be determined as ordered by the court.

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