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(영문) 창원지방법원 진주지원 2020.01.08 2019고단1544

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 December 10, 2012, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court due to a violation of the Road Traffic Act.

On October 24, 2019, at around 20:25, the Defendant driven a car at approximately 800 meters in a Belgium while under the influence of alcohol level 0.151% at the entrance of the village of Scheon-si from Sacheon-si to the street of Sacheon-si.

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 of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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 the environment of the defendant);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;