(영문) 창원지방법원진주지원 2020.12.22 2020고단1585

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2020.12.22 2020고단1585

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 Justice] On November 15, 201, the Defendant was sentenced to the suspension of indictment for a crime of violation of the Road Traffic Act at the authority of the head office of the Changwon District Prosecutors' Office on November 15, 201, and on July 30, 201, the Defendant received a fine of one million won for the same crime from the Jinwon District Court's Jin Branch Branch on July 30, 201, and was punished for drinking driving.

【Criminal Facts】

At around 22:20 on August 11, 2020, the Defendant driven an EMW car in the state of alcohol alcohol concentration of about 0.045% from the section of approximately 300 meters from the Jinju City to the front roads in Jinju City, from the front roads in Jinju City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Before judgment: Criminal history records, inquiry reports, decisions not to prosecute a summary order, and application of 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;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the previous punishment records of the defendant, and the various conditions of sentencing as shown in the arguments of this case, and the sentence

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