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(영문) 창원지방법원진주지원 2020.11.25 2020고단1906

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 July 12, 2007, the Defendant issued a summary order of KRW 500,000,000 on March 6, 2008, as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch branch.

On September 27, 2020, at around 20:25, the Defendant driven a DNA vehicle with the alcohol concentration of 0.054% while under the influence of alcohol in a section of about 406 meters around the coast of the same city and around the intersection of Mocheon-si, the Defendant driven a DNA vehicle with the alcohol concentration of 0.054%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records before ruling: Criminal records, inquiry reports, the list of related cases, and application of Acts and subordinate statutes of the 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. Articles 53 and 55 (1) and (3) of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration, blood alcohol concentration, and history of punishment, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;