beta
(영문) 창원지방법원 진주지원 2020.01.08 2019고단1459

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 December 15, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on December 15, 201.

On September 21, 2019, at around 15:00, the Defendant driven Cho-do car with a blood alcohol concentration of about 0.134% in the 20km section from the front of the official military unit located in Sacheon-si, Sacheon-si to the front of Jin-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes of the same kind as the 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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration, blood alcohol concentration, etc.);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;