(영문) 전주지방법원 군산지원 2021.03.31 2020고단1588

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2021.03.31 2020고단1588

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 29, 2020, the Defendant driven a cub car in D while under the influence of alcohol content of about 0.213% from around 4km section from around 22:18 to around 3:00 to around 3:00 to around 4km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the situation of the driver of drinking alcohol and the application of Acts and subordinate statutes to report on investigation (report on the situation of the driver

1. Relevant legal provisions and Articles 148-2(3)1 and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. In light of the risk of an accident that causes the driving of drinking in the current road traffic situation where many unspecified persons are habitually active, and the possibility of causing a serious damage therefrom, a punishment is imposed in consideration of the fact that drinking is very important in light of the fact that the driving of drinking in the past was done under the influence of drinking while having been punished for driving under the influence of drinking in the past, and the fact that the commission of driving under the influence of drinking in the past is of significant criminal liability. In addition, the conditions of sentencing, such as the Defendant’s serious reflectness, age, sexual behavior, home environment, etc., the execution of the sentence shall be suspended within the scope of the term of punishment that has been mitigated only once, and the lecture of social service and compliance shall be ordered to take lectures within the scope of the term of punishment that has been mitigated.

참조조문

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