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(영문) 창원지방법원 2020.10.27 2020고단2533

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 March 16, 2012, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court.

At around 22:20 on July 26, 2020, the Defendant driven a Fpoter 2 truck from approximately 30 meters away from the front of the C cafeteria located in Kimhae-si B to the front of the E Hospital located in Kimhae-si D, while under the influence of alcohol of 0.16% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

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 suspended execution (The consideration is that the previous conviction for a drunk punishment is in 2012);

1. It is so decided as per Disposition on the grounds that probation, community service, or lecture attendance order is not less than Article 62-2 of the Criminal Act (as there is a habitive drinking driving tendency, it is ordered to undergo an examination of alcohol respect and necessary medical treatment).