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(영문) 창원지방법원 2020.06.02 2019고단3128
도로교통법위반(음주운전)등
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 July 8, 2019, the Defendant issued a summary order of KRW 4.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

On September 18, 2019, at around 06:20, the Defendant driven a DNA motor vehicle with a blood alcohol content of at least 0.058% while under the influence of alcohol without obtaining a driver's license from around 1km to the front road of the central branch line highways located in Yangsan-si, Yangsan-si, Yangyang-si, Yangyang-si, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the situation of a drinking driver, the inquiry into the results of the crackdown on drinking driving, the disqualified inquiry, and the license ledger;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which provide for the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be judged as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act;

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