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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단264
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

On March 16, 2011, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and from the Changwon District Court to a fine of KRW 3 million as a same crime on July 21, 201.

On June 3, 2020, around 20:05, the Defendant driven a Dpoter II truck under the influence of alcohol concentration of about 0.158% in the section of about 4 km from the G apartment parking lot in the sealed city to the front of C at the same time.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act are not less complicated in light of the case’s blood alcohol concentration and the same criminal records, etc. However, other criminal records are not good. However, the defendant’s age, character, occupation and environment, criminal records, criminal records, motive and circumstance before and after the crime, and the conditions of sentencing as indicated in the records and arguments of this case, including the defendant’s age, character and behavior, occupation and environment, criminal records, criminal history, motive and circumstance before and after the crime, etc., shall be imposed as ordered by considering the overall circumstances.

It is so decided as per Disposition for the above reasons.

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