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(영문) 창원지방법원 진주지원 2020.07.21 2020고단525

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On December 18, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on December 18, 2017.

【Criminal Facts】

1. On October 26, 2019, the Defendant deemed ex officio as a clerical error in the record, and driven the E-Poter vehicle from around 30 meters from the front of the C Company located in Jinju City B to the front road of D apartment, while under the influence of alcohol 0.296% as a result of correction, at around 15:42.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

2. On October 29, 2019, the Defendant driven an Epoter 2 truck in the section of about 15 km from the front of the restaurant at which it is impossible to identify the trade name near the opening distance in the inwing-si in Jinju-si, while under the influence of alcohol at 0.412% of the blood alcohol content, and from the front of the restaurant to the front of the F apartment at the same time.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation on drinking driving, the report on the circumstantial statements of each drinking driver, and the control field photograph;

1. Previous records of judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records, etc.);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The following facts are revealed: (a) a person was driving under the influence of alcohol twice in a short period for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) a person was driving under the influence of alcohol twice in a short period; (c) the blood alcohol concentration is considerably high at the time of driving; (d) the Defendant’s status at the time of driving; (e) the Defendant’s previous penal records; (e) the Defendant’s vehicle after the instant case,