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(영문) 창원지방법원진주지원 2020.09.16 2020고단1176
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 1, 2007, the Defendant issued a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and KRW 1,500,000 as a fine for the same crime from the Jinwon District Court on April 18, 2012.

On June 18, 2020, at around 20:55, the Defendant driven a Drocketing car in the state of alcohol alcohol concentration of about 0.051% in the front of the Chigh School located in the Jinju-si, Jinju-si, the lower court, at approximately 2km from the front of the C High School located in the Jinju-si.

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. Notification of the control results of drinking-driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking-driving driver);

1. Previous records: Application of criminal records, inquiry reports 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 on the stay of execution (Consideration of confession, blood alcohol concentration, power to punish, etc.);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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