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(영문) 창원지방법원 2020.11.17 2020고단3212

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 9, 2013, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and KRW 2.5 million from the Changwon District Court on March 26, 2014 to a fine for the same crime, etc.

On August 31, 2020, the Defendant, while under the influence of alcohol content 0.172%, driven a car of about 4 kilometers for E Carrens on the front road located at the window B of Changwon-si, Changwon-si, Seoul at approximately 01:30 kilometers.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, photographs, report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, and notification of the results of the regulation of drinking driving;

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. It is so decided as per Disposition on the grounds that community service or lecture attendance order is more than Article 62-2 of the Criminal Act (for the prevention of re-offender);