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(영문) 창원지방법원 2020.10.27 2020고단2772

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 October 11, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

At around 19:40 on July 27, 2020, the Defendant driven C-II cargo vehicles under the influence of alcohol with approximately 6km alcohol concentration of about 0.178% from the 6km section from the front of a restaurant where it is impossible to know the trade name in the Dong-Eup of Changwon-si, Changwon-si, the window of which is located.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Survey report on the actual condition, report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, and report on the results of the regulation of drinking driving;

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;

1. It shall be decided as ordered on the grounds of probation, community service, or order to attend lectures for not less than Article 62-2 of the Criminal Act (an order to verify alcoholic content and to receive necessary medical treatment);