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(영문) 창원지방법원 2021.03.26 2020고단4068
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

[Power of crime] On October 8, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a violation of road traffic law (driving driving).

[Criminal facts] On November 11, 2020, the Defendant driven CM5 car at a section of about 100 meters on the road in Gannam Kim-si apartment in Gannam-si, Kim Jong-si while under the influence of alcohol level of 0.124% during blood transfusion around 19:51 on November 11, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on which a statement on the circumstances of a driver who is placed in the main place is made, an investigation report, and a report on the results of crackdown on drinking driving: Application of an inquiry letter, such as criminal history, an inquiry report, investigation report (the automatic previous and confirmation);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is that the Defendant had already had the same record of driving once drinking alcohol, while the distance of driving drinking is relatively short, and the Defendant was a crime committed while parking after leaving the substitute driver, and the sentence is determined as ordered by the disposition.

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