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(영문) 창원지방법원 진주지원 2020.06.24 2020고단758

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 July 13, 2011, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution with respect to the violation of the Road Traffic Act in the Gwangju District Court's net order support.

On April 29, 2020, at around 13:05, the Defendant driven a F Sti-type car under the influence of alcohol concentration of approximately 0.059% at the 15km section of the road front of a restaurant located in the E-type B in the same Gun.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry 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 on the suspension of execution (i.e., confession, punishment records, blood alcohol concentration, environment, etc.);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;