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(영문) 창원지방법원 2020.06.03 2020고단1034
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 November 19, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 14, 2020, at around 23:30, the Defendant driven a DK7 car while under the influence of alcohol content of about 0.074% at the 4km section from the window parking lot of the window in the Changwon-si, Changwon-si, Sungwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report (report on the state of drinking drivers), inquiry report on the control of drinking driving, notification on the control of drinking driving, report on the state of drinking driving, and report on the state of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports (a copy of the previous records and summary order attached) and Acts and subordinate 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 defendant had already committed the instant crime for the reason of sentencing under Article 62-2 of the Criminal Act, despite the existence of the same criminal records twice, and the blood alcohol concentration level was not lower at the time of the instant crime.

However, the execution of imprisonment shall be suspended in consideration of the fact that all of his/her mistakes are recognized, and there is no criminal record exceeding fines, and community service shall be ordered together.

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