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(영문) 창원지방법원마산지원 2020.10.07 2020고단643
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 9, 2009, the Defendant issued a summary order of a fine of one million won at the Changwon District Court for a violation of the Road Traffic Act, and is a person who has a total of three times the records of drinking driving, such as a violation of the Road Traffic Act.

At around 08:00 on May 22, 2020, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of 0.068% of blood alcohol concentration on the roads of approximately 1.8 km from the Masan-si, Changwon-si to the front of the same Gu C.

Summary of Evidence

1. A written statement prepared by the defendant E in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 was that the Defendant had been punished three times due to drunk driving, but led to the instant crime.

However, the defendant recognizes the facts of crime.

On the following day, alcohol was detected.

There shall be no criminal records exceeding fines after 1982.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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