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(영문) 창원지방법원 통영지원 2020.02.04 2019고단1450
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

On July 8, 2013, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court due to a violation of the Road Traffic Act.

On November 23, 2019, the Defendant driven a Fco or a car in the state of alcohol alcohol concentration of about 0.133% at a section of approximately 500 meters from the front of the “C” located in B at the same time to the front of the “E” located in D at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the state of his/her driver), and written appraisal of blood alcohol;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes, such as criminal records;

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. Article 62-2 of the Criminal Code of the Order to Attend a lecture takes into account the purpose of sentencing, blood alcohol concentration level, driving background, and identical criminal records as major sentencing factors. In addition, the Defendant’s mistake is recognized. In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions indicated in pleadings, such as the circumstances after the crime, etc., the sentence is determined as ordered and the execution of the order to attend a lecture is suspended on the premise of the faithful performance

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