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(영문) 창원지방법원 2019.11.28 2019고단2494

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 March 12, 2012, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court on March 12, 2012, and on October 16, 2009, the Defendant was a person who was under the influence of alcohol and was sentenced to a fine of 3 million won for a crime of violating the Road Traffic Act and was under the influence of alcohol and did not comply with a police officer’s measurement.

On July 30, 2019, around 07:30 on July 30, 2019, the Defendant driven the EM5 car under the influence of alcohol concentration of about 0.040% in the section of about 2km from the roads in front of the Defendant’s dwelling place B of Changwon-si to the roads in front of the D stations located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the circumstances, such as the fact that it seriously reflects the fact and the fact that the blood alcohol concentration of this case is not high);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;