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(영문) 창원지방법원 2020.10.21 2020고단2427
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2019, the Defendant received juvenile protective disposition (No. 1 and 2) from the Changwon District Court as a crime of violation of the Road Traffic Act.

Around 01:05 on July 20, 2020, the Defendant driven a CAW-lurged car in the section of about 3 km from the 3km to the front of the Cheongpho-ro in the Kimhae-si from the road near the Kimhae-si to the road in front of the Mapho-ro in the Kimhae-si, while under the influence of alcohol 0.141% of the blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

around 07:17 on August 4, 2020, the Defendant driven a vehicle of 100 meters CAbretd from the Ecerat C, which was under the influence of alcohol level of 0.159%, around August 4, 2020, in the influence of alcohol level of 0.159%.

Summary of Evidence

1. Report on the legal statement of the defendant's main driver, the investigation report (report on the circumstances of the main driver), and notification of the results of the crackdown on drinking driving, 2020 order 2427;

1. Previouss before ruling: Criminal history records, inquiry reports, and investigation reports (verification of records of juvenile protective disposition against sound driving);

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the history of detection of a suspect's drunk driving);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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, including probation, community service order, and order to attend a lecture, had already been served on the juvenile protective disposition due to drunk driving, but again committed the instant crime. The time of each of the instant crimes is at approximately two weeks.

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