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(영문) 창원지방법원 밀양지원 2020.07.21 2020고단101
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 April 4, 2015, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court, and on January 15, 2018, the Defendant was issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court.

On February 19, 2020, the Defendant driven D Coin truck with approximately 3 km section from the front of the upper south Myeon Office, which is located in the upper south of 00:12, to the front road in B, with a blood alcohol concentration of about 0.081%, while under the influence of alcohol concentration of about 0.081%.

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, confirmation of related cases, list of related cases, and application of summary order statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration and the criminal records of the same kind, but does not repeat a crime in depth, and other circumstances that are conditions for sentencing are taken into consideration);

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

1. Order for probation and education under Article 62-2 of the Criminal Act;

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