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(영문) 창원지방법원 밀양지원 2021.03.23 2021고단52
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 February 17, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the Changwon District Court's smuggling support.

On February 13, 2021, the Defendant driven D K3 motor vehicles under the influence of alcohol 0.132% in a 2km section from the front of the C Hospital located in Syang-si B to the new village located in the east-si in the west-si. The Defendant driven D K3 motor vehicles under the influence of alcohol 0.132% in blood.

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. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Criminal records: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation (the same kind of force);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of quantity (it is not exceptionally against a case in light of the blood alcohol density, the records of the same kind of crime, etc., but does not repeat the case in light of the depth of the crime, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of imprisonment, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of the imprisonment, and all other circumstances that are conditions for the sentencing specified in the records and pleadings of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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