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(영문) 창원지방법원 진주지원 2020.05.07 2020고단47
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

[criminal power] On March 25, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on March 25, 2008, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the same court on February 10, 2017, respectively.

【Criminal Facts】

On December 2, 2019, at around 21:02, the Defendant driven C Poter Cargo Vehicles with approximately 8km alcohol concentration of about 0.072% from the 8km section to the 705rd road in front of the Myeon Office with a permanent stay in the same Gun as the permanent stay in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration, the distance from driving, the circumstances leading to driving, the defendant's status at the time of driving, the previous records of punishment of the defendant, and the various conditions of sentencing as shown in the argument of this case, and the punishment as ordered shall be determined by comprehensively taking account of the following:

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