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(영문) 대구지방법원영덕지원 2020.08.12 2020고단132

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 June 1, 2020, the Defendant driven B Mt Motor Vehicles at approximately 2 km from the roads in front of the office located in the 148 North-do, Ulsan-do, Ulsan-do, Ulsan-do, Seoul-do, to the roads located in the same military interest-based 1397, while under the influence of alcohol at 0.182% of blood alcohol level on June 1, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to reports on the state of driving under the influence of alcohol, reports on the state of a driver under the influence of alcohol, reports on the control of drinking alcohol, and reports on the state of

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Consideration of favorable circumstances such as the fact that the defendant's blood alcohol concentration is considerably high at the time of driving: Consideration of the fact that the defendant recognized all the crimes of this case, repents and reflects his mistake, and that the defendant has no record of being punished for driving under the influence of alcohol, etc.