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(영문) 광주지방법원 목포지원 2021.03.16 2020고단1287
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

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), notification of the results of regulating the driving of drinking, and report on internal investigation (the above dmark calculation- exemption); and

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same drinking record as the suspect);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the suspended sentence under Article 62 (1) of the Criminal Act: The driving of a motor vehicle again under the influence of alcohol on one occasion, which causes a traffic accident, such as the danger of drinking and the purport of the amendment of the Road Traffic Act, which is raised by statutory penalty: The defendant reflects the wrong: there is no other criminal records except the fine due to drinking driving, nor there is a somewhat time gap between the punishment records, and there is no result of injury due to traffic accident: Other normal conditions of sentencing such as the defendant's age, sexual behavior, environment, etc.

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