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(영문) 창원지방법원 밀양지원 2020.06.25 2020고단100
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 March 21, 2017, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support.

【Criminal Facts】

On February 12, 2020, the Defendant driven a DNA cargo vehicle with a blood alcohol content of about 0.130% while under the influence of alcohol from approximately 3.5 km to the front road of the C, Seoyang-si around 21:16.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Criminal records, US records, report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, including the provision of community service and lecture attendance order, the degree of alcohol and the same kind of criminal records, etc., however, the Defendant’s failure to repeat the crime in light of his depth, and the Defendant’s age, character, character, occupation and environment, criminal records, motive and circumstance of the crime, and circumstances before and after the crime, etc., are considered and sentenced to the same sentence as the disposition.

It is so decided as per Disposition for the above reasons.

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