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(영문) 창원지방법원 2020.10.14 2020고단2394
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 July 5, 2020, at the window B of Changwon-si, the Defendant driven a car with C low-speed in a state of alcohol alcohol content of about 0.233% while under the influence of alcohol from about 4km to the shooting distance of Sungwon-si, Changwon-si, Sungwon-si, Sungwon-si to approximately 15:45.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements of a drinking driver, investigation reports (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures shall be determined as ordered by taking into consideration the following: (a) despite the existence of the same kind of crime record due to drunk driving, the Defendant committed the instant crime; and (b) the blood alcohol concentration was very high at the time of committing the crime

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