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(영문) 창원지방법원 2021.03.25 2020고단4065
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Seoul Southern District Court, and on February 25, 201, the Defendant was issued a summary order of KRW 3 million with the same crime at the Jeju District Court.

On November 14, 2020, the Defendant driven CKan-Pon car at the section of approximately two meters of the road front of the building B in the Changnam-gu, Changwon-si, Gyeongnam-si, while under the influence of alcohol level of 0.140% during blood transfusion around 19:35 on November 14, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is to take the driving, report the situation of the driver who is to take the driving, and result of regulating drinking;

1. Each report on investigation;

1. Previous convictions: Inquiry of criminal history, report on investigation, and application of the statutes of the judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the ground that an order to attend a lecture is more than 62-2 of the Criminal Act (in order to prevent recidivism);

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