beta
(영문) 창원지방법원밀양지원 2020.10.27 2020고단411

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 February 25, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support.

On September 14, 2020, at around 23:55, the Defendant driven an Efluor vehicle while under the influence of alcohol concentration of about 0.145% at the 1km section from the cafeteria parking lot located in Changwon-si, Changwon-si B to the front road of the same Gu D apartment.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report as a result of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same criminal record as a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act (Article 55(1)1 of the same Act provides that even though a case is not exceptionally considered in light of the blood alcohol concentration, the same criminal records, etc., the crime is not committed in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and there is no record of criminal punishment heavier than the suspended execution of imprisonment, and

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;