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(영문) 창원지방법원 2020.11.17 2020고단3145

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

The defendant was sentenced to a fine of KRW 1.5 million at the Changwon District Court on October 8, 2007 due to a violation of the Road Traffic Act.

Nevertheless, at around 19:00 on September 6, 2020, the Defendant driven a F car under the influence of alcohol level of about 14 km from the 14km section to the e-dong parking lot of the Kimhae-si, where it is difficult to find out the trade name near C Hospital B located in the window B of Changwon-si, Changwon-si, the Defendant driven a F car under the influence of alcohol level of about 0.177%.

Accordingly, the defendant was driving in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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 on the suspension of execution (which is reasonable in the distance of drinking and driving, but which is an exclusive charge for a long time);

1. It is so decided as per Disposition on the grounds that community service or lecture attendance order is more than Article 62-2 of the Criminal Act (for the prevention of re-offender);