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(영문) 의정부지방법원 2021.01.20 2020고단4312
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 15, 2020, the Defendant driven a Brentop car with alcohol content of 0.276% at a distance of approximately 100 meters from 100 meters south-ro 929, south-ro 915, Namyang-si, Namyang-do.

Summary of Evidence

1. On-site photographs and intensity of the criminal defendant's legal statement, the actual traffic accident investigation report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act with alcohol content 0.276% during blood.

In this case, there was an accident that causes a motor vehicle shock due to the drinking driving of this case.

However, the defendant's recognition of the crime of this case and the defendant's favorable circumstances are considered to have committed the crime of this case, and the motive and background, method and result of the crime including the above circumstances, the circumstances after the crime, age, environment, criminal record relation, etc. shall be determined as per the order.

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