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(영문) 전주지방법원 2020.11.04 2020고단1235

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 May 5, 2020, at around 21:57, the Defendant driven a fenz E300 vehicle under the influence of alcohol level of about 500 meters from the front Do of “C” located in Yansan-si B to the front road of “E” located in the same Gu as “E” located in the same Gu.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, notification of the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence shall be imposed as ordered by the court in consideration of the defendant's records, such as the records of drinking alcohol driving (in 2002, there are two times the records of punishment of a fine due to drinking driving, but there is no record of punishment thereafter), the defendant's blood alcohol level level, the situation at the time of the crime of drinking driving in the judgment (including the police's drinking control), the circumstances after the crime was committed (including reflective attitude), the defendant's age, character and behavior, environment (including family relation), and other various sentencing conditions shown in the trial process