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(영문) 창원지방법원통영지원 2020.11.25 2020고단880

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 11, 2015, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on June 11, 2015, and was issued a summary order of 2.5 million won by the same court on May 21, 2012.

On July 12, 2020, at around 01:46, the Defendant driven a D body-man car under the influence of alcohol leveling 0.182% from the 10km section to the front road of the 10km-dong community service center of the 10km-si from the cpool-dong in the cpool-si, a macro-si.

Accordingly, the defendant violated the prohibition of drinking driving more 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 convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the reason for sentencing under Article 62-2 of the Social Service Order Act, the fact that the blood alcohol concentration is high, the defendant reflects the crime;