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(영문) 광주지방법원 목포지원 2021.03.23 2020고단1003
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), notification on the results of regulating the driving of drinking, the driver's license register, and the next

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of the investigation report;

1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without obtaining a license) concerning the facts constituting an offense, the selection of imprisonment for each sentence;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the suspended sentence under Article 62 (1) of the Criminal Act: The driving of alcohol in the state of non-exclusive license even though there have been a history of punishment for driving without obtaining a license or driving under drinking on several occasions, the social danger of driving under drinking and the purpose of the Road Traffic Act to which statutory punishment is increased: The defendant's mistake is against the defendant, the amount of drinking is very high, the amount of drinking is very short, the amount of driving distance is very short, and there is no history of crime exceeding the fine, and other normal conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc.

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