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(영문) 창원지방법원밀양지원 2020.11.10 2020고단436

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 June 22, 2017, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on the charge of violation of the Road Traffic Act.

On September 30, 2020, the Defendant: (a) was driving a DPoter Ⅱ while under the influence of alcohol content of approximately 0.194% at the section of approximately 1.5 km from the front to the front road of the 17:34 square meters.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same criminal record as a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration, criminal records of the same kind, etc., but does not repeat a crime in depth, and other circumstances, which are all the conditions for sentencing 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 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;