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(영문) 창원지방법원진주지원 2020.12.09 2020고단1917

도로교통법위반(음주운전)

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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 January 6, 2016, the Defendant received a summary order of KRW 4 million from the Changwon District Court's branch of the Changwon District Court to a fine of KRW 4 million for the same crime as a violation of the Road Traffic Act (driving). On September 24, 2019, the Defendant received a summary order of KRW 4 million from the Changwon District Court's branch of the Changwon District Court to the same crime.

On July 9, 2020, the Defendant stated the blood alcohol concentration of 0.058% in the indictment at around 17:06, but it is obvious that the Defendant is a clerical error.

FK5 vehicle was driven at approximately 1.5 km section from the C parking lot located in Gyeongnam-gun, Gyeongnam-gun to the front road in D, while under the influence of alcohol.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

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

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. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;