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(영문) 전주지방법원 군산지원 2019.06.26 2019고단390
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2019, at around 21:10, the Defendant driven a rocketing car in the state of alcohol with approximately 2 km alcohol concentration of about 0.156% from the 2km section from the Ba-si B apartment parking lot to the 21:24 on the same day from the next day to the D agency in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, report on circumstantial statements, investigation report, notification of the results of the control of drunk driving, and application of the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that it is more favorable for the defendant to repeat the same kind of crime even though the defendant had been punished for drinking driving four times, or that it is more favorable for him to recognize and reflect the error of the defendant.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.

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