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(영문) 창원지방법원 2020.06.30 2020고단1121

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 3, 2005, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on November 3, 2005, and was sentenced to a fine of 5 million won for the same crime at the Changwon District Court on July 20, 2015.

On March 17, 2020, at around 23:25, the Defendant driven C Lastren car with a blood alcohol concentration of about 0.197% from a public parking lot located in Gyeong-dong, Kim Jong-si to the entrance of the village of the same city from around 900 meters.

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 actual condition, photographs, report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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;

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);