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(영문) 창원지방법원통영지원 2020.10.07 2020고단678
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On October 14, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On May 23, 2020, the Defendant had the power of violating the prohibition of driving under the influence of alcohol, but around 23:45 on May 23, 2020, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.117% from the 2km section to the front road of the Seocho post office located in the 42-1st century in the 1st century.

Summary of Evidence

1. Defendant's legal statement;

1. Driving video CDs notified as a result of the drinking control;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;

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. Determination of the sentencing guidelines under the law for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of one year or two years or more: In addition to imprisonment for a year and two months, blood alcohol concentration recognized as a suspension of execution of one year and two years (social service hours, 40 hours or more), the course and distance of driving, the previous criminal records of the same kind (one time a fine), the circumstances after the defendant committed the crime of getting on and off the vehicle that he/she had driven when he/she was discovered to control drinking, shall be taken into account, and the punishment shall be determined as per the disposition, taking into account other circumstances revealed in the trial process of the instant case, such as the defendant's age, character and behavior, environment, family relationship, etc.

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