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(영문) 창원지방법원 2020.11.25 2020고단2468

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 12, 2006, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on September 12, 2006. On April 25, 2011, the Defendant was sentenced to a fine of 1.5 million won for the same crime at the Changwon District Court’s branch on April 25, 201. On May 30, 201, the Defendant was sentenced to a fine of 4 million won for the same crime. On March 31, 2016, the same court was sentenced to a suspended sentence of 6 months for the same crime.

【Criminal Facts】

On June 21, 2020, at around 17:38, the Defendant driven a motor bicycle electric kboard while under the influence of alcohol with approximately 0.135% alcohol concentration from the section of approximately 1km to the front distance of the B apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous records of judgment: Criminal records, etc., inquiry reports, each summary order, and application of each statute of the judgment;

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 (i.e., the reflection of the suspension of execution, and the operating of electric kickboards);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;