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(영문) 창원지방법원밀양지원 2020.11.10 2020고단443
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 February 21, 2013, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Changwon District Court on February 21, 2013.

【Criminal Facts】

On October 7, 2020, the Defendant driven a car with B B Benz E300 while under the influence of alcohol content of about 0.067% from the parking lot of the Young-si Office located in the Young-si, Gyeongnam-si to the Young-si Library located in the same 350 meters away from the parking lot of the Young-si Office to the Young-si Library located in the same Myeon.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act does not relax the case in light of the criminal records, etc., but does not repeat the crime, reflecting the depth of the crime, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and other circumstances constituting the conditions of sentencing as shown in the records and arguments

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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