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(영문) 광주지방법원목포지원 2020.08.13 2020고단183
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 became final and conclusive.

Reasons

Punishment of the crime

On January 14:28, 2020, the Defendant, while under the influence of alcohol of 0.212% of blood alcohol level, driven a Fspke car at approximately 15km from around the cafeteria of “C” apartment apartment E-dong, Yongnam-gun, Yongnam-gun, to the front-dong parking lot of the 15km.

Summary of Evidence

1. Defendant's legal statement;

1. A G statement;

1. Application of Acts and subordinate statutes to a report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the drinking driving control, details of crackdown, 112 report handling records, inquiry into the results of the drinking driving control, investigation report (the confirmation of black boxes and CCTV images);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although Article 62(1) of the Criminal Act of the suspended sentence does not put the nature of a crime on the grounds of high blood alcohol concentration due to the high degree of the sentencing, there is no punishment heavier than a fine so far, and there is no punishment heavier than a fine so far, the circumstances leading to driving under drinking, and all other circumstances such as the defendant's age, character, and environment, the punishment shall be determined as stated in the disposition and the execution of the sentence shall be suspended only once.

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