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(영문) 창원지방법원 진주지원 2020.03.04 2020고단83

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 November 14, 2016, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 14, 2016.

At around 01:20 on December 16, 2019, the Defendant driven a G Sti-type car with approximately 300 meters alcohol level 0.121% alcohol level at a distance of about 300 meters to the front road of the Equare located in D from the Do adjacent to C in Jin-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Reports on each traffic accident and accident site photographs;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Previous records of judgment: Criminal records, repeated statements, and application of statutes by a summary order;

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: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration, distance of driving, environment, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;