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(영문) 창원지방법원 진주지원 2020.03.05 2019고단1561
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 8, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on January 8, 2015.

【Criminal Facts】

On November 10, 2019, at around 00:10, the Defendant driven B K3 cars under the influence of alcohol with approximately 200 meters alcohol content 0.192% at a section of approximately 200 meters from the roads near the central sports park parking lot located in Seongdong-gu, Sungwon-si, Sungwon-si to the central sports park site located in the same Dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order are as follows: (a) the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case; (b) the distance of driving; (c) the circumstances of the defendant at the time of driving under the influence of alcohol; (d) the circumstances of the defendant at the time of driving under the influence of alcohol; (c)

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