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(영문) 창원지방법원 2021.03.25 2020고단3913
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law in the Changwon District Court's Musan branch on October 28, 2015.

On November 15, 2020, at around 00:30, the Defendant driven a coo vehicle in F in the state of alcohol alcohol concentration of about 500 meters from the front of the C Hospital located in Kimhae-si B to the E neighboring road located in Kimhae-si D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. Each report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as ordered by the reason that community service or lecture attendance order is more than 62-2 of the Criminal Act (in order to prevent any second offense);

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