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(영문) 전주지방법원 군산지원 2020.01.08 2019고단1337
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 18:00 on September 23, 2019, the Defendant driven a rocketing car on his own under the influence of alcohol content of about 0.228% from the 5km section to the front road of the D building from the 18:00 on September 23, 2019 to the 5km section.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of drinking drivers, reports on the state of drinking drivers, inquiry into the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of an accident that causes the driving of a motor vehicle in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of causing a serious damage therefrom, the social necessity to strict drinking driving is very high.

The defendant's driving under the influence of blood alcohol concentration of 0.228% is a serious crime in which there is no room to defend himself/herself, and it is a matter of necessity for strict punishment under the heavy statutory punishment under the Road Traffic Act.

However, taking into account the following factors: (a) the Defendant is deeply against the crime; (b) the primary offender who had no record of criminal punishment for the past; (c) the background leading up to the crime; and (d) the Defendant’s age and family environment; and (c) the execution of the sentence is suspended within the scope of discretionary mitigation; and (d) the order to take lectures in the law-abiding driving lecture.

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