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(영문) 창원지방법원 2020.10.07 2020고단2549
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

[Criminal Power] On February 26, 2016, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Changwon District Prosecutors' Office.

【Criminal Facts】

On July 30, 2020, at around 04:25, the Defendant driven a Fco-car under the influence of alcohol leveling 0.065% of alcohol level from the Do near the Cmaart located in Kimhae-si B to the roads front of the Egypt located in D in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, report on the control results of drinking driving, and report on the actual state of drinking drivers;

1. Previous records: Application of inquiry reports and investigation records, including criminal records, and Acts and subordinate statutes (Attachment to the same type of power judgment, etc.);

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 on the suspension of execution (the reflective points, the criminal records, etc. of the defendant);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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