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(영문) 전주지방법원 2020.09.16 2019고단2294
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2019, at around 05:28, the Defendant driven a D k5 car while under the influence of alcohol of about 0.129% of alcohol content from the parking lot of the building located in the emulsive new market in the emulsive city in the emulsive city in the front of C elementary school located in the same Gu B from around 2 km to the front intersection in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Notification of the results of crackdown on drunk driving, report on the situation of a drunk driver, and investigation report (report on the situation);

1. Application of Acts and subordinate statutes of the report on traffic accidents and the actual survey report;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (3) 2 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished for the crime of violating the Road Traffic Act (driving and aiding and abetting).

However, the fact that the defendant's mistake is recognized and reflected, and that there is no record of criminal punishment other than a single fine is favorable to the defendant.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.

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