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(영문) 창원지방법원 2019.11.26 2019고단3033

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 January 4, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on January 4, 2007, and on November 12, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine at the Busan District Court on November 12, 2008.

On September 27, 2019, the Defendant, while under the influence of alcohol of 0.103% of blood alcohol concentration on September 27, 2019, driven B franchise XG car on the front of a cafeteria located in the Grand-dong in the Kimhae-si, Kim Jong-si, to the lower roads of the Grand BluxG car located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances, such as the fact that he/she seriously reflects the fact and the fact that he/she has no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;