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(영문) 창원지방법원밀양지원 2020.09.22 2020고단357
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 September 11, 2017, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act in the Western Branch of the Daegu District Court on September 11, 2017.

On July 18, 2020, at around 22:38, the Defendant driven a Brocketing car under the influence of alcohol content of about 0.149% from the 20K section to the 46K point in Daegu Busan Busan Highway located in the pentan Highway located in the pentan-si (hereinafter referred to as the “Sasan-si”), from the pentan-si (hereinafter referred to as the “Sasan-si”).

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall be taken into consideration in light of the blood alcohol density and the same criminal records, etc., but the overall circumstances, such as the fact that a case is not light in light of the degree of crime, the fact that the crime is not committed in depth, and the fact that there is no record of criminal punishment heavier than that of the suspension of execution of imprisonment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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