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(영문) 창원지방법원 진주지원 2020.06.24 2020고단752
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 September 19, 2016, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch.

On April 18, 2020, the Defendant driven a e-sports car while under the influence of alcohol with approximately 0.145% of alcohol concentration at approximately 500 meters in front of the D pharmacy located in C at the front of the Jinju City B-distance.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, penalty power, environment, etc.);

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

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