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(영문) 창원지방법원진주지원 2020.08.19 2020고단1131

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 November 30, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch on November 30, 2015.

On May 18, 2020, at around 21:55, the Defendant driven a BN-si car with a blood alcohol content of about 0.180% under the influence of alcohol at the 1km section from the road below the upper parallel in the same Dong, located in the Suwon-si, Jin-si. The Defendant driven a BN-si car with a blood alcohol content of about 0.180%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the circumstances of drinking drivers, and the investigation report (report on the circumstances of drinking drivers);

1. Previous records before ruling: Criminal records, inquiry reports, list of related cases, and application of Acts and subordinate statutes governing summary orders for related cases;

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 (i.e., confession, penalty power, environment, etc.);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;