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(영문) 창원지방법원진주지원 2020.08.12 2020고단925

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 April 11, 2011, the Defendant was issued a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. in the Changwon District Court's Jinju branch.

At around 12:40 on April 15, 2020, the Defendant driven an Epoter truck under the influence of alcohol leveling 0.059% of blood alcohol level in the section of about 1km from the roads near the residence located in the Hadong-gun B.

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. Photographs and a list of 112 reported cases;

1. Investigation report (Calculation of blood alcohol concentration);

1. Previous convictions in judgment: Criminal history records, the list of related cases, and the application of Acts and subordinate statutes of the relevant summary order;

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 on the stay of execution (Consideration of confession, blood alcohol concentration, power to punish, etc.);

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