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(영문) 전주지방법원 남원지원 2020.02.11 2019고단316

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 October 30, 2019, at around 11:06, the Defendant driven a Cpoter, stable, and flobbing cargo with a alcohol level of 0.392% from the 11km section to the road below the port-water reservoir located in the south-si-si-si-si-si-si-si-si-si-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and on-site photographs;

1. Notification of the results of the control of drinking driving and application of Acts and subordinate statutes to investigation reports (report on the circumstances of drinking drivers);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, environment, motive for committing a crime and circumstances after committing a crime, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the arguments of this case.

[Unfavorable circumstances] The drinking driving is necessary to strictly punish a crime that may cause serious damage to another person's life, body, or property.

The defendant committed the crime of this case even though he had been punished twice for a drunk driving crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration level was very high, and the risk of drinking driving was realized due to the occurrence of a traffic accident involving the Defendant’s driving vehicle’s driving vehicle’s driving vehicle’s transition due to the instant crime.

[Ligue circumstances] The defendant is recognized to commit his crime.

The crime of this case causes personal injury to a third party who is not the defendant.