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(영문) 창원지방법원 통영지원 2019.11.21 2019고단1142

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 August 31, 2012, the Defendant was notified of a summary order of a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s jurisdiction.

【Criminal Facts】

On September 26, 2019, the Defendant, as seen above, driven the EM6 car under the influence of alcohol with approximately 0.072% alcohol concentration from the 6km section from the front of the C apartment at macro-si to the D intersection in the city of macro-si on September 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act; the defendant's records of the same crime, driving background and distance; the degree of the principal offender; the time and reflects the crime; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the various sentencing conditions under Article 51 of the Criminal Act, including circumstances after the crime, shall be determined as ordered.