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(영문) 창원지방법원 2020.10.27 2020고단2675
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 March 9, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on March 9, 2007, and on November 23, 2015, the Defendant issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on November 23, 2015.

On July 31, 2020, at around 20:25, the Defendant driven the Ewing and III freezing vehicle while under the influence of alcohol leveling 0.233% of blood alcohol level at about 50 meters in front of the same apartment building Ddong, from the Kimhae-si B apartment parking lot to the front road of the same apartment building D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Survey report on the actual condition, report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, and report on the results of the regulation of drinking driving;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. It is so decided as per Disposition on the grounds that community service or lecture attendance order is more than Article 62-2 of the Criminal Act (for the prevention of re-offender);

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