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(영문) 창원지방법원 진주지원 2019.11.27 2019고단1383

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 30, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on October 30, 2015.

On September 24, 2019, around 19:45, the Defendant driven a B K7 vehicle while under the influence of alcohol of about 0.034% of alcohol alcohol content at the 4km section from the Do of the Southern Bathing Beach located in the direction of the city of Sacheon-si to the spoke-gun located in the lower side of the Gosung-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession and family environment);

1. Order to attend lectures: Article 62-2 of the Criminal Act;