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(영문) 광주지방법원목포지원 2020.08.14 2020고단751
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

around 13:44 May 17, 2020, the Defendant driven a F rocketing car under the influence of alcohol concentration of 0.202% at approximately 6km from the front of the restaurant “C” located in Yong-gun, Youngnam, to the front of the station of “E” located in the same Do as “E” in the same Do.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes of the Road Traffic Act to the report on detection of any violation of the Road Traffic Act, report on internal affairs (control details, etc.), site photographs, report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and the handling of reported cases 112;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty, strict punishment is needed for the act of drunk driving, the circumstances that are very favorable to the degree of drinking alcohol: The fact that there is no other penalty power, as well as the punishment imposed once due to the crime committed, including the degree of drinking alcohol, and all the sentencing conditions shown in the records and arguments, including the defendant's age, character and behavior, environment, and circumstances after the crime;

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