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(영문) 창원지방법원 통영지원 2020.06.30 2020고단354

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 5, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On March 28, 2020, the Defendant driven C Lasta car with a blood alcohol concentration of about 0.220% in the section of about 5 km from the front of the 23:30 occ-si to the upper 83-1 upper east-dong road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the course and degree of drinking alcohol of the instant case, the defendant's escape by driving about about 2 km at the time of detection of drinking alcohol of the instant case, the previous defendant's punishment records, etc., are against the defendant, or the defendant's reflects the circumstances that are disadvantageous to the defendant, and the occurrence of traffic accidents due to drinking alcohol of the instant case, etc., shall be determined as the sentence