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(영문) 창원지방법원 밀양지원 2021.03.09 2020고단532
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

[criminal history] On October 28, 2009, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) in the Changwon District Court’s Seongbuk Branch.

[Criminal facts] On November 23, 2020, the Defendant driven Ebs E220 cars while under the influence of alcohol content of about 0.061% at approximately 60km from the 60km section to the front road of the Cheongyang-si, Cheongyang-gun, Cheongyang-gun, the trade name in the vicinity C, Cheongyang-gun, Cheongyang-do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, statement of the circumstances of the driver of drinking, and investigation report (report on the circumstances of the driver of drinking);

1. Criminal history: Inquiry about criminal history, reporting of the past conviction of the disposition, and the application of statutes of the judgment;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (Article 53 and 55(1)3 of the same Act does not include re-offending despite the fact that the person committed an offense, despite the fact that he/she had the record of a multiple punishment for the same kind of crime, etc.; however, the fact that he/she does not repeat the offense in light of his/her depth; other circumstances, which are all the conditions for sentencing specified in the records and pleadings of this case, are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act to provide community service and attend lectures;

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