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(영문) 창원지방법원 진주지원 2021.02.17 2020고단2356
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Msan Branch on November 23, 2017.

On December 12, 2020, around 01:40, the Defendant driven C Poter truck with alcohol level of about 0.19% in the section of approximately 10km and alcohol level of about 0.119% in the vicinity of the intersection, which is around the same time, on the roads near Sacheon-si B apartment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. 112 A list of reported cases;

1. Previous conviction: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, and related summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and punishment, etc.);

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

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