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(영문) 전주지방법원 군산지원 2021.01.13 2020고단1520

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2020, the Defendant driven a E-high-speed car in the state of alcohol alcohol concentration of 0.259% from the 1km section from around 16:40 on the front of the 'C' in Sinsan City B to D before the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detailed statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures for social service and compliance driving, considering the risk of an accident that causes drinking in the current road traffic situation where many unspecified people habitually use, and the possibility of causing a serious damage therefrom, the punishment is imposed by taking into account the fact that drinking is highly necessary in light of the fact that driving is very serious, and that driving in the state of drinking alcohol concentration of 0.259% in the blood is very heavy without any doubt for the offense in itself, and the punishment is imposed by taking into account the circumstances of all kinds of sentencing, such as serious reflectivity, criminal record, Defendant’s age, sexual behavior, home environment, etc., the execution of the punishment is suspended within the scope of the sentence mitigated, and each order is issued to provide community service and compliance driving lectures.