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(영문) 창원지방법원 2020.04.14 2019고단3763

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 November 6, 2007, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act at the Busan District Court on November 6, 2007, and on November 22, 201, the same court received a summary order of 1.5 million won for the same crime.

On July 27, 2019, the Defendant: (a) started from an insular area (hereinafter referred to as the “Insular area”) around 02:23 on July 27, 2019; (b) driven B, while under the influence of alcohol, at approximately 0.187% of alcohol concentration, from the dong Seoul Tosular area to the point of approximately 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the situation of a drinking driver, the report on the status of a drinking driver, the notification of the control of drinking driving, and the written blood alcohol appraisal;

1. Each report on investigation;

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 and Articles 148-2 (1) and 44 of the Act on the Election

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 20

1. Probation and community service order shall be judged as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act (an order to receive necessary medical treatment for proof of alcohol and depression);