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(영문) 창원지방법원 진주지원 2020.03.11 2020고단162
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 March 2, 2012, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

At around 21:40 on January 3, 2020, the Defendant driven a DM6 car under the influence of alcohol concentration of about 0.056% from a 400-meter section to the front road of a cafeteria located in the lower-dong of Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 (Consideration, blood alcohol concentration, driving distance, etc.);

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

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