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(영문) 전주지방법원 군산지원 2020.02.19 2019고단1368

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

1. On October 3, 2019, the Defendant, while under the influence of alcohol at around 20:15, driven the “C Burial” parking lot located in the Gunsan-si B in the Gunsan-si to around 400 meters from the 400-meter section to the D front road.

2. At around 21:40 on October 3, 2019, the Defendant driven an automobile for the posters from approximately 50 meters to the front day of the “H convenience store” located in G from the military F day in the military mountain city to the “H convenience store” while under the influence of alcohol with a blood alcohol content of 0.185%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on traffic accidents, the report on the status of driving under driving under the influence of alcohol, the report on the status of operating under the influence of alcohol (the simple driving-related), the report on the control of driving under the influence of alcohol and the report on

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The defendant has caused a traffic accident by driving under the influence of alcohol in the state of exclusively taking the accident and there is no room for criticism that the driving under the influence of alcohol has been repeatedly criticized even during the process of dealing with the accident.

However, the execution of the sentence is suspended as stated in the disposition in consideration of all the conditions of sentencing, including the fact that the defendant is deeply against the crime, the circumstances before and after the crime, the age of the defendant, and the family environment, and the attending the community service and the compliance officer.