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(영문) 창원지방법원 마산지원 2020.01.08 2019고단974

도로교통법위반(음주운전)

Text

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 October 23, 2008, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act at the Changwon District Court on October 23, 2008.

【Criminal Facts】

On October 3, 2019, at around 15:17, the Defendant driven a DK 3 car while under the influence of alcohol content of about 0.247% at a section of about 10km for the front of the former C apartment to the roads in front of the Yongsan-gu, Changwon-si B Village.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

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

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.

The blood alcohol concentration is also very high.

However, the defendant recognizes and reflects the facts of crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.