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(영문) 창원지방법원 2020.12.17 2020고단3406
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 May 18, 2009, the Defendant was issued a summary order of two million won or more for a violation of the Road Traffic Act by the Changwon District Court.

On October 9, 2020, the Defendant driven Dsch Rexton car at a section of about 30km of alcohol concentration of about 0.137% from the section of about 30km to the front road of the Jinhae-gu B hotel in Changwon-si B hotel, Changwon-si, 2020, while under the influence of alcohol concentration of about 0.137%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Previous convictions in judgment: Criminal records, investigation 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;

1. It shall be decided as ordered by the court on the grounds that an order to attend a lecture is more than Article 62-2 of the Criminal Act;

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