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(영문) 창원지방법원 진주지원 2021.03.17 2021고단106
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 September 21, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Jinwon Branch on September 21, 201, and was sentenced to a fine of KRW 6 million by the same court on July 21, 2020.

On December 8, 2020, around 20:15, the Defendant driven GMW car at approximately 50 meters in front of the F cafeteria in the vicinity of the D cafeteria in Jinju City, D, and D, in the direction of about 50 meters, while under the influence of alcohol concentration of 0.072% during blood.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of criminal history of the same kind of crime);

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 (Consideration of confession, blood alcohol concentration, driving distance, etc.);

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

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