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(영문) 창원지방법원 진주지원 2020.03.12 2019고단1646
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] The Defendant, at the Changwon District Court on July 24, 2019, received a fine of three million won due to a violation of the Road Traffic Act (driving) in the Jinwon District Court on July 24, 2019, has the criminal records subject to punishment for drinking driving.

【Criminal Facts】

On November 24, 2019, around 19:55, the Defendant driven B SP car in the state of alcohol alcohol concentration of about 0.134% from the 3km section from the front of the name asbestos office located in Jinju-si 37, to the front road of the red scopic asbestos located in Jinju-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records, including 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 criminal records of the defendant, and the previous criminal records of driving, and the conditions of various sentencing as shown in the arguments of this case, shall be comprehensively considered and determined as the sentence as ordered.

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