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(영문) 창원지방법원 마산지원 2020.04.29 2020고단89

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

[criminal power] On January 28, 2005, the Defendant issued a summary order of KRW 1 million to the Changwon District Court for the crime of violation of the Road Traffic Act, and on August 29, 2016, the same court issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant was punished for drinking driving or refusing to take a alcohol test as above, on January 5, 2020, at around 06:20, the Defendant driven a car D 20km away from the C parking lot located in Changwon-si, Changwon-si, Gyeongnam-si to the point where 106 km away from the 106 km away from the 106 km away from the 106 km away.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and each investigation report (the circumstantial report of a drinking driver and the hours of a suspect driving);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished once due to drinking, refusing to measure drinking, and driving without license, but led to the instant crime.

It also caused a traffic accident.

However, the defendant recognizes and reflects the facts of crime.

There is no criminal history exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.