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(영문) 창원지방법원 2020.11.06 2020고단2779

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 June 24, 2019, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

Criminal facts

On September 1, 2020, at around 01:55, the Defendant driven a NAS car under the influence of alcohol concentration of approximately 0.063% in the section of approximately 25km from the front road of the C, to the front road of the D apartment in the Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. For previous records as indicated in the judgment of the head of a drinking driver, a circumstantial statement, an investigation report, and a record of the control of drinking driving: Criminal history records, references, reports on the results of confirmation of the previous disposition, and applications of Acts and subordinate statutes as well as copies of summary order records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is based on the following: (a) the Defendant, with the reason of sentencing, once again, despite the existence of the same kind of crime record; and (b) on the other hand, the Defendant has no same criminal record, other than the same kind of fine, and the fact that all of the instant crimes are recognized and not recidivism is recognized; and (c) the sentence shall be