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(영문) 창원지방법원진주지원 2020.10.28 2020고단884
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

On April 30, 2020, at around 0:10, the Defendant driven a E-Poter vehicle at around 3km from the front of the Jinju City Bri-si road with approximately 0.122% of alcohol level 0.12% of alcohol level.

In this respect, the prohibition of driving under the influence of alcohol as provided by the Road Traffic Act has been violated not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records, etc.);

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 (i.e., confession and force on punishment);

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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