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(영문) 창원지방법원밀양지원 2020.11.10 2020고단437

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 15, 2009, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Stamyang branch on June 15, 2009, and on October 13, 2010, issued a summary order of 4 million won of a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Stamyang branch.

On September 19, 2020, the Defendant driven a D car while under the influence of alcohol with approximately 0.125% of alcohol concentration from the 17k section of approximately 17 km to the road in the fast city B from the shyang-si road in front of C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking drivers, the circumstantial statement of the drinking driver, and the circumstantial report of the drinking driver;

1. Criminal records: Criminal records, US records, report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration, criminal records of the same kind, etc., but does not repeat a crime in depth, and other circumstances, which are all the conditions for sentencing specified in the records and arguments of this case, are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;