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(영문) 창원지방법원 2019.11.21 2019고단2853
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

[criminal power] On June 25, 2010, the Defendant was issued a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million for the same crime from the Changwon District Court Msan Branch on July 27, 2015, respectively.

【Criminal Facts】

On September 19, 2019, at around 23:55, the Defendant driven DMW car in the state of alcohol with approximately 300 meters alcohol concentration of 0.120% at a section of approximately 300 meters from the front of a restaurant located in the window of Changwon-si to the front of the C Hospital located in the same Gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances, such as the fact that he/she seriously reflects the fact and the fact that he/she has no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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