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(영문) 창원지방법원 2021.03.25 2020고단3926

도로교통법위반(음주운전)

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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 April 30, 2019, the Defendant was sentenced to a fine of one million won by the Changwon District Court for a crime of violating the Road Traffic Act.

On October 9, 2020, the Defendant driven a DNA-learning car from the front road of the Gu in Changwon-si to the front road of about 16 km from around 16 km to the same front road of the same Gu while under the influence of alcohol content of 0.106% during blood transfusion around 19:36.

Accordingly, the Defendant was driving in violation of the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and results of regulating drinking;

1. Each report on investigation;

1. Previous convictions: Inquiry of criminal history, report on investigation, and application of the statutes of the judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as ordered by the reason that community service or lecture attendance order is more than 62-2 of the Criminal Act (in order to prevent any second offense);