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(영문) 창원지방법원 2019.11.29 2019고단3199
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 power] On April 30, 2009, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on April 30, 200, and on August 21, 2009, from the above support, as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 31, 2019, at around 07:40, the Defendant driven a dexton car from approximately 14.4km to the front road of the hospital located in Kimhae-si from the front parking lot in front of the cafeteria in Changwon-si, Changwon-si to the 0.10% alcohol concentration.

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. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, family relationship, blood alcohol concentration (0.102%) of this case and the circumstances before and after the crime, etc.

An unfavorable circumstance: A normal situation in which the defendant has been punished several times for a crime of the same kind: The confession and reflect of the defendant, and there is no record of punishment exceeding the fine.

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