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(영문) 창원지방법원진주지원 2020.11.12 2020고단1554

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

[criminal power] On October 22, 2018, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on October 22, 2018.

【Criminal Facts】

On August 6, 2020, at around 09:00, the Defendant driven a F low-water car at a level of about 300 meters from Sacheon-si B apartment Cdong parking lot to the back road of E in the same city D, with a blood alcohol concentration of about 0.115%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the circumstances leading to detection of drunk driving, and the previous records of punishment of the defendant