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(영문) 창원지방법원통영지원 2020.08.26 2020고단353
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

[criminal power] On April 27, 2011, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On February 13, 2020, the Defendant had the power of violating the prohibition of driving under the influence of alcohol, but around 22:20 on February 13, 2020, the Defendant driven an E-7 vehicle under the influence of alcohol with a maximum of about 50 meters alcohol concentration of about 0.176% from the 50m section around the D cafeteria located in macrosi City to the D cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, suspension of execution of two years (40 hours in total) with high blood alcohol concentration, causes a traffic accident, the previous department (3 times a fine), the distance of driving is shorter than that of the previous department (3 times a fine), the circumstances leading to driving, and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment, family relationship, etc., shall be determined as per the order;

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