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(영문) 전주지방법원군산지원 2020.12.02 2020고단1489
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

On September 19, 2020, the Defendant driven a fluent car from approximately 2 km to the parking lot for the “Egy” on the roads adjacent to the “C” located in Isan-si B while under the influence of alcohol of 0.207% of blood alcohol level around 4:35, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, field photographs of the accident, reports on the state of the driver's license, investigation reports (report on the state of the driver's license), and notification of the results of the crackdown on

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. Taking into account the risk of an accident caused by a drunk driving in the current road traffic situation where many unspecified people habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of causing a serious damage therefrom, the punishment is imposed by taking into account the fact that the occurrence of an accident caused by a drunk driving is very serious, and that the occurrence of an accident caused by an accident caused by a drunk driving in the state of drinking alcohol concentration of 0.207% is very serious. However, the punishment is imposed by taking into account the Defendant’s serious reflectivity, criminal record without any criminal record record, the details and circumstances of the crime, the Defendant’s age, character and conduct, family environment, etc., and the execution of the punishment is suspended within the scope of the punishment imposed by discretionary mitigation, and each order to provide community service and to take a compliance instruction.

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