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(영문) 전주지방법원 2021.03.26 2020고단1910
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 6, 2020, the Defendant driven B cruise car from the section of about 40km to the 40km road in front of the Gannam Highway, which is located in the sexual waters of the former Gannam-gun, from the front side of the Bannam-gun, the alcohol content of which is 0.213%, while under the influence of alcohol during blood at around 0:10,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. The provision of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The defendant recognizes his mistake and reflects his mistake, and the defendant has no record of criminal punishment.

In light of the fact that the place of the instant crime is an expressway, the traffic accident that occurs on an expressway is highly likely to be subject to criticism, and the driving distance of drinking is considerably high, etc.

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