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(영문) 창원지방법원 2020.04.28 2020고단94

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 20, 2016, the Defendant issued a summary order of a fine of KRW 1.5 million at the Changwon District Court for a violation of the Road Traffic Act.

On January 3, 2020, at around 22:27, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.052% at the section of approximately 200 meters from the front of the C cafeteria located in Kimhae-si B to the front of the E cafeteria located in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the status 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 and Articles 148-2 (1) and 44 of the Act on the Election

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);