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(영문) 창원지방법원 진주지원 2020.01.15 2019고단1185
도로교통법위반(음주운전)등
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

1. On June 20, 201, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Changwon District Court's Jinju branch on June 20, 201.

Nevertheless, at around 20:15 on August 21, 2019, the Defendant driven a NAS car under the influence of alcohol concentration of approximately 0.095% at approximately 300 meters from the Do in front of the restaurant “C” in Jinju-si B to the front road of Jinju-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the pertinent car which was not covered by mandatory insurance at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession and driving distance);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;

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