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(영문) 창원지방법원 2020.11.25 2020고단2828
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal power] On August 11, 2006, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and on May 6, 2008, the same court received a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act. On August 24, 2015, the same court received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 14, 2020, at around 19:30 on August 14, 2020, the Defendant driven Cinep car with a alcohol level of about 0.178% from a pay parking lot in front of the Yongsan Security Center, which is located in the window of Changwon-si, to the front road of the same Si counter B.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, report on the control results of drinking driving, and report on the actual state of drinking drivers;

1. Previous records of judgment: Criminal records, etc. and the application of three-minutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (including the reflection of gender, the fact that there is a family member to support, the fact that a vehicle is disposed of, and the fact that there is no criminal record exceeding the fine);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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