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(영문) 창원지방법원 밀양지원 2021.03.23 2021고단2

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 May 30, 2007, the Defendant was issued a summary order of 700,000 won as a crime of violating the Road Traffic Act at the Busan District Court.

On December 18, 2020, at around 23:19, the Defendant operated C Poter Cargo Vehicles with approximately 1.5m alcohol concentration at approximately 0.085% from the 1.5m section to the front road of the drainage station located in Seocheon-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on the driving of alcohol, reports on the circumstances of the driving driver, and investigation reports (report on the circumstances of the driving driver at the same time);

1. History of crime: Inquiry about criminal history, reporting on the result of previous conviction of the disposition, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (in light of the blood alcohol concentration and the record of the same kind of crime, etc., if the case is not exceptionally against the crime, the fact that the crime is not committed in depth, and that the case does not repeat again, and that all other circumstances, which form the conditions for sentencing as specified in the records and arguments of this case, are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;