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(영문) 전주지방법원 2020.11.26 2020고단917
도로교통법위반(음주운전)
Text

The punishment of defendants shall be one year.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received a summary order of KRW 2 million from the Jeonju District Court on April 24, 2012, and KRW 3 million from the fine on May 6, 2013.

On April 13, 2020, at around 21:35, the Defendant driven Category C 3 cargo vehicles under the influence of alcohol concentration of about 0.036% in the section of approximately 3 km from the front day of the mutual influence in the Heungjin-gu, Jeonjin-gu, Seoul to the front day of the Taejin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and investigation status (A) and other criminal records;

1. Provisions of the Act on the Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There is a criminal record that has been sentenced to 6 times of fine due to drinking, driving without license, etc.

The alcohol concentration, the distance from driving, the details of the detection, etc. shall be considered.

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