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(영문) 창원지방법원 2021.02.17 2020고단3568
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

[Power of crime] On August 25, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on August 25, 2008.

[Criminal facts] On September 22, 2020, the Defendant driven a Csch Rexton sports cargo vehicle under the influence of alcohol level of about 0.212% from the 3km section from the front of the building B at the window of Changwon-si, Changwon-si to the front road of the export fixed distance in the same Simsan Masan-dong.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction in the statement of the circumstances of a driver who is placed in the main place, a report on the situation of the driver who is placed in the main place, and a report on the result of regulating the driving of alcohol: Application of an inquiry letter, such as criminal history, and investigation

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

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 suspended execution;

1. Taking into account the fact that the Defendant had already had the same record of drinking driving despite the reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, the Defendant committed the instant crime, and that the blood alcohol concentration level was considerably high at the time of committing the instant crime, the sentence is determined as ordered.

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