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(영문) 전주지방법원남원지원 2020.10.13 2020고단157
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 June 12, 2020, at around 19:42, the Defendant driven a FFco-sports car owned by the Defendant under the influence of alcohol alcohol concentration of approximately 0.187% from the front parking lot of “Cmaart” located in “CE” located in “E” in “E” located in “E” in the front of “E” located in Jeon-gun, North Korea-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes to photograph the actual condition of traffic accidents, on-site photographs, and damaged vehicles;

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

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 for six months to one year;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for not more than ten months, the suspension of execution of not less than two years, taking into account the following circumstances, and taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments

[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.

Even though the defendant had been punished several times for the same crime, the defendant committed the crime of this case.

The risk of drinking driving was realized as the defendant caused a traffic accident involving physical damage.

【Dissecing circumstances】 The defendant recognized his mistake, and disposed of his own vehicle by taking measures to prevent recidivism.

The crime of this case did not cause particular human damage.

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