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(영문) 창원지방법원 진주지원 2020.02.12 2019고단1681
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Changwon District Court's Jinwon District Court's branch on November 26, 2015. On November 21, 2017, the Defendant was sentenced to ten months of imprisonment with labor for the same crime, etc. at the Changwon District Court's Changwon District Court on November 21, 2017, and completed the execution of the sentence in the Sejong Northern Vocational Training Correctional Institution on December

On November 28, 2019, around 22:10, the Defendant driven a F-to-purged car with approximately 100 meters alcohol level 0.043% under the influence of alcohol level 0.043% on the front road of “E” located in Jinju City B from the Do adjacent to “C”.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation: A repeated crime committed on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed during the period of a repeated crime.

However, crimes are recognized.

Other factors such as blood alcohol concentration, driving distance, environment, etc. are considered.

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