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(영문) 창원지방법원진주지원 2020.08.12 2020고단998
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 April 6, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on April 6, 2017.

At around 22:30 on May 24, 2020, the Defendant driven a DNA car under the influence of alcohol level of about 0.149% in the section of about 15km in the vicinity of the C community hall located in Sacheon-si, Sacheon-si, in the vicinity of the C community hall located in Sacheon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), photographs, and report handling records of 112 cases;

1. Previous records of judgment: Criminal records, inquiry reports, list of related cases, and application of Acts and subordinate statutes of a summary order;

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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, vehicle disposal, and penal power);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;

1. Bearing litigation costs: The main sentence of Article 186 (1) of the Criminal Procedure Act;

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