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(영문) 광주지방법원목포지원 2020.09.22 2020고단562
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 April 5, 2020, the Defendant, while under the influence of alcohol of 0.225%, driven a DNA e-sports cargo vehicle at approximately two meters in a section of approximately two meters in order to move to a public parking lot near the cafeteria located in Pyeongtaek-gun B, in the state of alcohol of 0.25%.

Summary of Evidence

1. The actual condition investigation report on the defendant’s legal statement E, the report on the occurrence of a traffic accident, and the photograph related to the accident;

1. The application of Acts and subordinate statutes to the notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drunk driver, and the investigation report (report on the circumstances of

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, there is a need to strictize the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised; circumstances which reflects mistakes; the degree of blood alcohol concentration is very favorable: The fact that there is no record of identical crime and fine exceeding the amount of fine; the fact that there is no record of crime beyond the amount

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