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(영문) 창원지방법원 마산지원 2020.07.22 2020고단297
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 February 9, 2009, the defendant was issued a summary order of 700,000 won by the Changwon District Court for a violation of the Road Traffic Act, and is a person who has a total of twice the records of drinking driving.

around 18:20 on February 22, 2020, the Defendant driven a D rocketing car under the influence of alcohol content of 0.080% on the road of approximately 2 km from the parking lot of the Indones-ro Office located in 211, the Haak-gun, the Haak-gun, the Haak-gun, the Haak-gun, the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The circumstantial statement report of an immigration driver, and each investigation report (related to the circumstantial report of an immigration driver and partial revision of the facts of crime);

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 provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.

However, the defendant recognizes and reflects the facts of crime.

The same power is relatively old, and there is no record of crime exceeding the fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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