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(영문) 광주지방법원 목포지원 2021.03.23 2020고단1000
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 three years 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. Report on the occurrence of a traffic accident by Defendant’s statutory statement, report on a traffic accident, report on the circumstances of the driver at home, investigation report, report on the situation of the driver at home, and notification of the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (not less than twice the same criminal suspect's records);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Suspension of Execution Act, the community service and the order to attend a lecture under Article 62-2 of the Criminal Act: In light of the social danger of drinking alcohol driving and the purport of the revision of the Road Traffic Act, which increases the statutory penalty, there is a strict need for the act of drinking alcohol driving in light of the purport of the amendment of the Road Traffic Act; the traffic accident caused by drinking alcohol; the normal conditions favorable to drinking high: the traffic accident victim is against the wrong behavior; the traffic accident victim desires the Defendant’s wife; and other circumstances, such as the Defendant’s age, sexual behavior, environment, circumstances after the crime, etc., consideration

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