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(영문) 창원지방법원밀양지원 2020.10.13 2020고단395

도로교통법위반(음주운전)등

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

[Criminal Power] On November 13, 2014, the Defendant was sentenced to a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving) in the Changwon District Prosecutors' Office.

【Criminal Facts】

At around 05:00 on September 6, 2020, the Defendant driven Cpoter 2 cargo vehicles without obtaining a driver's license under the influence of alcohol concentration of 0.20%, in a section of approximately 150 meters in front of the C-W road in smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report, the ledger of driver's licenses, notification of the results of crackdown on drinking driving, report on circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

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

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act (Article 55(1)1 of the same Act provides that even though a case is not exceptionally considered in light of the blood alcohol concentration, the same criminal records, etc., the crime is not committed in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and there is no record of criminal punishment heavier than the suspended execution of imprisonment, and

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;