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(영문) 창원지방법원진주지원 2020.08.19 2020고단1156
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 March 30, 2015, the Defendant was issued a summary order of a fine of KRW 6 million for the crime of violating the Road Traffic Act in the Changwon District Court's branch on March 30, 2015.

On April 25, 2020, at around 07:16, the Defendant driven a motor vehicle B's salary class III in the section B at approximately 20km to the road due to peace near the entrance of a new shotum, in Jeju city, at the second Jeju airport, under the influence of alcohol level of 0.086%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports and photographs on the actual condition;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

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 (i.e., confession and force on punishment);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

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