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(영문) 창원지방법원 2020.04.21 2019고단4062

도로교통법위반(음주운전)

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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 23, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

Around 02:10 on November 24, 2019, the Defendant driven an Eland for Grand Project from the front road located at the window B of Changwon-si to the front road of about 500 meters from the same Gu, while under the influence of alcohol with a blood alcohol content of 0.157%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, circumstantial statements of a drinking driver, report on the status of a drinking driver, report on detection, and photographs;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);