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(영문) 전주지방법원 군산지원 2019.11.25 2019고단1334

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 September 12, 2019, at around 0:20, the Defendant driven a DNA cargo vehicle from approximately 5km to about 4 km from the west-si Hasan-si Hasan-si Hasan-si Hasan-si Haak, while under the influence of alcohol by 0.215% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, notification on the results of the drinking driving control, and application of Acts and subordinate statutes to the survey report on the state of traffic accidents;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) recognition of the crime of this case with the reason for sentencing; (b) there is no record of criminal punishment exceeding the fine; (c) the fact that there was a record of punishment for the crime of drunk driving; and (d) the defendant’s age, character and conduct, environment, and the circumstances before and after the crime of this case; and (b)