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(영문) 창원지방법원밀양지원 2020.11.24 2020고단470

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 October 22, 2020, the Defendant driven a F 125cc calb in the state of alcohol alcohol concentration of about 0.220% in front of the E agency located in D on the front of the road located in D, not later than October 22, 2020, at approximately 600 meters in front of the E agency.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the results of crackdown on drinking driving, notification on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation (report on the circumstantial situations of drinking drivers);

1. Relevant 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 for discretionary mitigation (Article 53 and 55(1)3 of the Criminal Act provides that the case does not be somewhat weak in light of the blood alcohol concentration and criminal records of the same kind, but does not repeat the crime in depth. This case can be seen to have somewhat different degree of danger caused by an accident in comparison with the case of driving an automobile using a motor vehicle as a motor vehicle in comparison with the case of driving the motor vehicle, and all circumstances constituting the condition of sentencing in the instant records and arguments are taken into account).

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;