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(영문) 창원지방법원밀양지원 2020.11.24 2020고단464

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 September 19, 2006, the Defendant was sentenced to a fine of KRW 700,00,000 as a fine for a violation of the Road Traffic Act, and KRW 1 million as a fine for the same crime in the same court on December 21, 2006.

On September 25, 2020, at around 21:15, the Defendant driven a car in D deemed S90T5 while under the influence of alcohol content of about 0.117% in the section of approximately 150 meters from 150 meters to curbed.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers and report on the circumstances of drinking drivers;

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall be taken into consideration in light of the blood alcohol density and the same criminal records, etc., but the overall circumstances, such as the fact that a case is not light in light of the degree of crime, the fact that the crime is not committed in depth, and the fact that there is no record of criminal punishment heavier than that of the suspension of execution of imprisonment, etc.);

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;