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(영문) 창원지방법원통영지원 2020.12.01 2020고단1036
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2009, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Changwon District Court’s territorial branch.

On August 9, 2020, the Defendant driven a Cpoter II cargo vehicle while under the influence of alcohol leveling of about 0.117% in the section of about 100 meters from the customs following the customs in Tong-si B to the intersection in front of the same customs office.

Summary of Evidence

1. Application of Acts and subordinate statutes of one copy of the defendant's statutory statement, statement reporting criminal records, criminal records records, and summary order to the defendant;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as per the order, taking into consideration the circumstances leading to the driving of the instant drinking alcohol at the time, the drinking alcohol level, the occurrence of traffic accidents due to the driving of the instant drinking, the previous criminal punishment records of the Defendant, and all other circumstances

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