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(영문) 창원지방법원 밀양지원 2021.03.09 2020고단495

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 16, 2009, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act.

On October 28, 2020, the Defendant driven a C Poteme car in the state of alcohol alcohol of about 5km from the front of a bus terminal in front of the city bus terminal to the front of the Styang-si road in the Dong on October 28, 2020, with approximately 0.188% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. History of crime: Inquiry about criminal history, reporting on the result of previous conviction of the disposition, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of quantity (it is not exceptionally against a case in light of the blood alcohol density, the records of the same kind of crime, etc., but does not repeat the case in light of the depth of the crime, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of imprisonment, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of the imprisonment, and all other circumstances that are conditions for the sentencing specified in the records and pleadings of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;