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(영문) 창원지방법원밀양지원 2020.08.18 2020고단135
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 September 9, 2010, the defendant received a summary order of 700,000 won for a fine for the violation of the Road Traffic Act in the Changwon District Court's smuggling support.

Nevertheless, on March 11, 2020, the Defendant driven a fluent car in the state of alcohol alcohol concentration of about 15km from the 15km section to the front road of the same Do, from the roads in front of the Cda bank located in Cda Group B, not around 23:15 on March 11, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drunk driver, the investigation report (report on the circumstantial statement of a drunk driver), the inquiry into the results of the crackdown on drunk driving, and the investigation report (specific distance for a drunk driving);

1. Criminal records: Application of criminal history records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of 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; the degree of blood alcohol content of the sentencing of the defendant; and the recidivism of the defendant despite the fact that the defendant had been punished for drinking driving. However, the defendant shows an attitude to reflect his depth in committing the crime; other circumstances, including the defendant's age, character and behavior, occupation and environment, criminal records, motive, circumstance, method, method, and result of the crime, including circumstances before and after the crime, shall be sentenced to the same sentence as the order, taking into account the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case

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

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