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(영문) 창원지방법원 진주지원 2019.09.25 2019고단768

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 June 19, 2017, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch.

At around 01:00 on June 29, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.143% while under the influence of alcohol from about 10km to the front road of Scheon-si apartment.

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 of judgment: Criminal records, inquiry reports and application of 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;

1. Order to provide community service and order to attend lectures: Driving under the condition of high alcohol content in addition to the punishment for a crime committed on the grounds of sentencing under Article 62-2 of the Criminal Act, as long as it has not been much punished: Provided, That it is recognized that the Defendant’s environment is recognized