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(영문) 창원지방법원 진주지원 2021.03.17 2021고단93
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 31, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court Jinwon Branch on January 31, 201, and KRW 3.5 million for the same crime on June 20, 201.

On December 25, 2020, the Defendant driven an EM7 vehicle while under the influence of alcohol leveling 0.121% from blood alcohol leveling from around 200 meters to the front road of D apartment at the Jinju City, 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of regulating drinking driving, and investigation report (report on the situation of the driver who is placed in driving);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of confession, driving distance, history of punishment, etc.);

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

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