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(영문) 창원지방법원 2020.05.12 2020고단483
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 July 16, 2018, the Defendant received a summary order of KRW 5 million from the Changwon District Court as a crime of violation of the Road Traffic Act.

Around 02:30 on January 24, 2020, the Defendant, while drunk with a blood alcohol concentration of 0.157%, driven a Maz car at a section of approximately 5km from the road near the Changwon-si's main point of "C" located in the window B of Changwon-si to the D apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, report on the status of a drinking driver, and notification of 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. The defendant seems to require medical treatment concerning drinking, such as failure to memory the fact of drinking alcohol, etc., by probation and community service, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act;

It is so decided as per Disposition for the above reasons.

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