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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단188
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 April 1, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Changwon District Court Msan Branch.

On April 10, 2020, at around 22:50, the Defendant driven a BM5 vehicle while under the influence of alcohol of about 0.136% of blood alcohol content at approximately 5km from the 5km section to the 24km away from the front of a cafeteria located in the Young-gun, Young-si. Do.

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 on the actual condition, the results of crackdown on drinking driving, the notification of the results of crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, and the investigation report (report on the circumstances of drinking drivers);

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 (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of the blood alcohol concentration and the records of the same kind of crime, but not repeating the crime in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and all other circumstances constituting the conditions of sentencing);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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