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(영문) 창원지방법원밀양지원 2020.11.24 2020고단472

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

At the Daegu District Court on December 26, 2006, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act.

On October 7, 2020, the Defendant: (a) was drunkly driven by B, under the influence of alcohol concentration of 0.046% at a section of about 300 meters, from the cafeteria parking lot located in the bank of the Republic of Korea to the penthouse distance. (b) On October 7, 2020, the Defendant: (c) was driven by B, Grandroth.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order attached to the same criminal record as a suspect);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of criminal records, etc., but does not repeat the case in depth, and all circumstances constituting the conditions for sentencing as shown 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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;