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(영문) 창원지방법원밀양지원 2020.11.10 2020고단441

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 April 25, 2019, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court.

On September 17, 2020, around 22:06, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.078% under the influence of alcohol at approximately 2.5 km from the fast-si road B to the fast-si road.

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. Reports on each traffic accident, reports on the circumstances of the driver concerned, and investigation reports (report on the circumstances of the driver concerned);

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 (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act does not relax the case in light of the criminal records, etc., but does not repeat the crime, reflecting the depth of the crime, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and other circumstances constituting the conditions of sentencing as shown in the records and arguments

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;