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(영문) 창원지방법원 진주지원 2020.03.05 2019고단1396
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 October 19, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on October 19, 201.

【Criminal Facts】

On September 21, 2019, at around 22:25, the Defendant driven the Epote car in a state of alcohol alcohol content of about 30km from the front of the parking lot B of the building B in Jinju to the front of the D Jindo parking lot located in the Hanam-dong, Hanam-gun, the Defendant driven the Epote car in a state of alcohol content of about 0.140%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of 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 and report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes of the same kind as the suspect;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of driving, the circumstances leading to driving, the status of the defendant at the time of driving, the previous records of the punishment of the defendant, and the various kinds of sentencing

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