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(영문) 창원지방법원 진주지원 2020.05.28 2020고단244

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 April 30, 2014, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

On January 25, 2020, at around 04:25, the Defendant driven B rocketing car in the state of alcohol alcohol concentration of approximately 0.054% from the 8km section of approximately 8km to the front road of the same city, from the vicinity of the Sacheon-si Viewing Road to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration, the distance from driving, the circumstances leading to driving, the defendant's status at the time of driving, the previous records of punishment of the defendant, and the various conditions of sentencing as shown in the argument of this case, and the punishment as ordered shall be determined by comprehensively taking account of the following: