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(영문) 창원지방법원 2020.04.28 2020고단62

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 21, 2007, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on April 28, 2015, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Busan District Court on April 28, 2015.

On December 7, 2019, at around 01:55, the Defendant driven a DNA car with a blood alcohol concentration of about 0.050% while under the influence of alcohol at approximately 100 meters from the front road of the store convenience store in Kimhae-si, Kimhae-si, to the front road of the Kimhae-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

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, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);