(영문) 전주지방법원 2021.03.31 2020고단2148

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2021.03.31 2020고단2148

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 October 16, 2020, the Defendant driven a Fbenz car at approximately 100 meters away from a section of approximately 100 meters up to the front road, which is located in C front of the former North west-gun, while under the influence of alcohol with 0.13% of alcohol content during blood transfusion around 20:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control on the circumstantial report made by a driver;

1. Relevant legal provisions and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the driving of an order to attend a lecture under consideration of the circumstances favorable to the defendant, such as the following: (a) the serious criminal who threatens the life, body, and property of other persons as well as his/her family members; (b) the poor quality of the crime, such as driving in the state of high alcohol content (0.113%) during blood transfusion at the time of the instant case; and (c) the previous convictions of fines are two times; and (d) the accused confessions and reflects the instant crime; (c) the driving distance is short; and (d) the personal and physical damage has not occurred due to the instant crime; and (d) the sentence shall be determined as per the Disposition, comprehensively taking into account the various sentencing conditions set forth in the instant arguments, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime; and

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