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(영문) 창원지방법원 진주지원 2019.10.17 2019고단742
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 December 9, 2016, the Defendant was punished twice as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on December 9, 2016, in addition to receiving a summary order of a fine of KRW 3 million, the Defendant was punished twice as a crime of violation of the Road Traffic Act.

On May 27, 2019, at around 10:45, the Defendant driven a DNA cargo vehicle at approximately five meters at the Jinju-si Cart parking lot located in Jinju-si, while under the influence of alcohol content 0.234%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1) and (2), reports on the circumstantial statements of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records, etc.);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the circumstances leading to driving, the place of driving, the previous records of punishment of the defendant, and the various conditions of sentencing as shown in the pleadings of this case, and the punishment shall be determined as ordered.

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