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(영문) 창원지방법원 진주지원 2019.11.28 2019고단1073
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 11, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch.

【Criminal Facts】

On August 6, 2019, at around 20:00, the Defendant driven a D low-speed car with approximately 500 meters alcohol concentration 0.123% while under the influence of alcohol from around 500 meters to the front road of Chigh School located in Jinju-si, Jin-si.

As a result, the Defendant driven a car while under the influence of alcohol in violation of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Application of criminal records, repeated statements, and copies 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;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the following shall be comprehensively taken into account the records such as the defendant's blood alcohol concentration, driving distance, driving circumstances, the defendant's status at the time of driving, the previous records of punishment of the defendant, and the conditions of various sentencing as shown in the arguments of this case at the time of driving under the influence of alcohol in this case.

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