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(영문) 창원지방법원 2020.04.01 2020고단372
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On January 11, 2010, the Defendant was issued a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act at the Changwon District Court on July 26, 201, and a fine of 1.5 million won as a fine for a violation of the Road Traffic Act at the Changwon District Court Branch on July 26, 2013.

【Criminal Facts】

On December 24, 2019, the Defendant, while under the influence of alcohol of 0.081% of blood alcohol concentration, was driven by the Defendant from the window B of Changwon-si to the site shooting distance located in the window B of Changwon-si from the road to the road located in the window B of Changwon-si, Changwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Application of inquiries, such as criminal records, and each summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 ( considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) has a number of criminal records, and the previous case is also different from that of the above, and there is no criminal record of suspended execution for the last 20 years;

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