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(영문) 창원지방법원 마산지원 2021.03.30 2020고단1361
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 November 14, 2014, the Defendant received a summary order of KRW 1,50,00,000 as a crime of violating the Road Traffic Act (drinking) from the Changwon District Court Branch.

On November 28, 2020, the Defendant driven a Category C Pool car at approximately 10km from the front of a restaurant where it is impossible to know the trade name in the window of Changwon-si, Changwon-si to the underground parking lot of the apartment of Changwon-si, Changwon-si, the Defendant driven a vehicle of about 0.132% alcohol level during blood alcohol level from around 10km to the 10km-si, Changwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Inquiries about career data of each crime, investigation reports (former and attachment of the summary order), and application of the statutes governing summary orders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture [the scope of punishment] The sentence shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, sex behavior, environment, family relationship, health status, circumstances after the crime, etc., and all the circumstances, which form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sex behavior, environment, family relationship, circumstance after the crime, and circumstance after the crime, etc., and the degree of alcohol concentration in blood during the suspension of the execution of the sentence is relatively high to 0.132%.

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