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(영문) 전주지방법원 2020.02.12 2019고단1180
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 August 8, 2012, the Defendant was issued a summary order of 1,500,000 won by the Jeonju District Court as a crime of violation of the Road Traffic Act.

On July 2, 2019, at around 03:40, the Defendant driven a D-W-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. An accident site photograph;

1. Previous records of judgment: Application of criminal records, inquiry records, and copies of summary order;

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 (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that despite the fact that the Defendant had been punished for drinking driving, the Defendant also caused traffic accidents by driving under the influence of drinking, and the level of drinking alcohol is high.

However, the execution of imprisonment shall be suspended in consideration of the fact that there is no other criminal records other than the above one fine, and there is no other criminal records.

In addition, the sentencing conditions, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, shall be determined as per the order.

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