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(영문) 창원지방법원 2020.01.09 2019고단3228
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 October 16, 2017, the Defendant was issued a summary order of KRW 3,000,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:10 on August 24, 2019, the Defendant driven a DNA 2 inside the 7km section from the roads of mutual infinite Ho-si Sung-si Ho-si to the roads in front of the Cgas charging station in Kimhae-si, Changhae-si, in a state of alcohol of 0.158% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 (the repeated consideration shall be made for living in good faith);

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

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