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(영문) 창원지방법원 진주지원 2021.03.17 2020고단2159
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

The Defendant was issued a summary order of KRW 2 million on July 13, 2006, and a fine of KRW 1 million on May 13, 2016, as a crime of violating Road Traffic Act in the Changwon District Court's Jinju branch.

On October 25, 2020, the Defendant driven a Cdecent car in the state of alcohol alcohol concentration of about 0.118% at the front of the house B in front of the same city, at the intersection of the Yedong, in the Jindong-dong, in the front of the same city, at the 1km section of around 25, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

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 (i.e., confession and punishment, etc.);

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

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