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(영문) 창원지방법원 진주지원 2020.01.09 2019고단1304
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

[criminal power] On January 5, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on January 5, 2015.

【Criminal Facts】

On August 28, 2019, at around 19:58, the Defendant driven D freight vehicles with a blood alcohol concentration of about 0.047% from around 600 meters away from the roads near the B Village in Hadong-gun, Chungcheongnam-gun, Chungcheongnam-do to the Hanam-gun Crho-gun, Hanam-gun.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and investigation report (specific distance of driving of a suspect);

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the records, including the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of driving, the circumstances leading to driving, the status of the defendant at the time of driving, the previous penal records of the defendant, his family members and sponsers, etc., and the conditions of various sentencing as shown in the arguments of this case shall be comprehensively determined as ordered.

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