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(영문) 창원지방법원 마산지원 2020.02.14 2019고단1273
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 November 29, 2010, the Defendant issued a summary order of KRW 1 million to the Changwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million to the Changwon District Court on July 15, 2016.

On November 24, 2019, at around 02:15, the Defendant driven an E-motor vehicle while under the influence of alcohol of about 0.041% in blood alcohol concentration on the roads of approximately 500 meters from the Cju shop in Changwon-si B to the vicinity of the Gu D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.

However, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration is low.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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