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(영문) 창원지방법원 2021.03.25 2020고단3938
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 27, 2017, the Defendant received a summary order of KRW 4 million from the Changwon District Court due to a crime of violating the Road Traffic Act (drinking).

On November 25, 2020, at around 03:02, the Defendant driven CM 3 motor vehicles under the influence of alcohol content from approximately 4km section from around 03:142% of alcohol content in blood, to around the Chinese restaurant prior to the Chinese restaurant in the same city B from the roads in front of a mutually aesthetic drinking house located in the Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual conditions of drivers, report on the circumstances of drivers, report on the circumstances of drivers of drivers, and inquiry into the results 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 decided as ordered by the court on the grounds that Article 62-2 of the Criminal Act of the community service and lecture attendance order was not less than 62-2 (the second time of accident, and thus, to prevent recidivism)

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