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(영문) 창원지방법원 2021.01.13 2020고단3613

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2008, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On October 17, 2020, the Defendant driven a DM7 car in the state of alcohol alcohol concentration of about 0.144% from the 5km section from the 22:40 on the Changwon-si, Seongbuk-gu, Busan Metropolitan City, to the front road of the same Gu C apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective facts, criminal records, etc.);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;