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(영문) 창원지방법원진주지원 2020.11.19 2020고단1223
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 July 11, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Jinwon District Court's Jinju branch.

【Criminal Facts】

On June 12, 2020, around 23:36, the Defendant driven a F-free car in the state of alcohol alcohol concentration of about 100 meters from the front parking lot of the “C” located in Scheon-si B to the front road of the “E” located in D in the same city.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

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;

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;

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 records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the circumstances leading to detection of drunk driving, and the previous records of punishment of the defendant

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