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(영문) 전주지방법원 군산지원 2020.05.13 2020고단384
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2020, at around 13:25, the Defendant driven a C Sti-type car under the influence of alcohol concentration of about 0.215% in the section of approximately 15km from the front of Si, Gunsan to the front of Si, Gunan-si, Gunan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the investigation report (report on the circumstances of drinking drivers);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The Defendant’s drinking operation in a state of drinking alcohol concentration of 0.215% in itself reflects the criminal liability, and reflects the depth of the crime, taking special account of various sentencing conditions such as the circumstances before and after the crime, Defendant’s age, family environment, etc., the execution of the sentence is suspended within the scope of the term of punishment subject to discretionary mitigation, and orders each of social service and compliance driving lectures.

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