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(영문) 창원지방법원 진주지원 2020.02.12 2019고단796

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 July 23, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act in the same court on February 26, 2015.

On June 17, 2019, at around 21:20, the Defendant driven an Epoter vehicle while under the influence of alcohol of about 0.117% in a section of about 200 meters from the Do in front of convenience points C in the Southern Sea Zone B to D’s front road.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession and driving distance);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;