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(영문) 창원지방법원밀양지원 2020.10.27 2020고단415

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 October 27, 2014, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act at the Ulsan District Court.

At around 22:50 on July 6, 2020, the Defendant driven an Erocketing car while under the influence of alcohol of about 0.091% of blood alcohol concentration on the front of the C cafeteria located in the C cafeteria B up to D’s front 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. 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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration, multiple kinds of criminal records, etc., but does not repeat a crime in light of the depth of the crime, and other circumstances, which are all the conditions for sentencing specified in the records and arguments of this case, are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;