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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단249

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 August 17, 2006, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court on August 17, 2006, and on February 7, 2013, the Defendant was issued a summary order of 3.5 million won or more as a fine for a crime of violating the Road Traffic Act in the Changwon District Court's smuggling.

On May 13, 2020, the Defendant driven D 2 cargo vehicles while under the influence of alcohol content of 0.122% at a section of approximately 100 meters of blood alcohol content in front of C, not around 21:30, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Criminal records, US records on disposition, report on results of confirmation, judgment, and application of summary order statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of the blood alcohol concentration and the records of the same kind of crime, but not repeating the crime in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and all other circumstances constituting the conditions of sentencing);

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

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;