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(영문) 창원지방법원밀양지원 2020.11.24 2020고단454
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

[Criminal Power] The defendant is punished by a fine of 2.5 million won at the Ulsan District Court on October 2, 2006 as a crime of violation of the Road Traffic Act (driving).

F. On April 29, 2008, the Changwon District Court was sentenced to a fine of KRW 2.5 million for the same crime, and on August 19, 2010, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 22:50 on October 4, 2020, the Defendant driven a C-wing and three ton freight vehicle with a blood alcohol concentration of about 0.094% in the section of about 5 km in front of the same time in the middle of the pushing-dong located in the same time in the middle of the same time.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of the blood alcohol concentration and multiple kinds of criminal records, etc.; however, the crime is not committed in profoundly, and there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and there is no record of criminal punishment heavier than the suspension of the execution of

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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