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(영문) 창원지방법원밀양지원 2020.09.08 2020고단333
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 May 18, 2010, the Defendant was sentenced to a fine of KRW 500,00,000 as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on May 18, 201, and one million won as a fine in the same court on February 15, 201.

On July 26, 2020, at around 22:10, the Defendant driven a motor vehicle with Centhin in the state of alcohol alcohol concentration of about 0.158% at the section of approximately 40km in front of the road in the southnam-gu B Hospital parking lot of Daegu-gu B Hospital up to the upper end of the road in the middle of the Namyang-gu New Daegu Busan Metropolitan City Do.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and report on the circumstances of drinking drivers;

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act (Article 55(1)1 of the same Act provides that even though a case is not exceptionally considered in light of the blood alcohol concentration, the same criminal records, etc., the crime is not committed in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and there is no record of criminal punishment heavier than the suspended execution of imprisonment, and

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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