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(영문) 창원지방법원 마산지원 2019.05.14 2019고단177

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

On March 23, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 13, 201, a fine of one million won for the same crime at the same court on December 13, 2010, and a fine of one hundred and fifty hundred and fifty thousand won for the same crime, and on May 16, 2012, the Defendant was sentenced to a suspended sentence of two or more times for a violation of the Road Traffic Act (driving) at the same court on May 16, 2012.

On March 3, 2019, at around 21:55, the Defendant driven a C Sti-type car with a blood alcohol content of about 0.064% from the front day of the Changwon-si, Changwon-si to the front day of the Changwon-dong, Changwon-dong, Changwon-dong, to the front day of the Gosiwon-dong, the Defendant driven a C-type car with a blood alcohol content of about 2.5km.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Application of three separate Acts and subordinate statutes, including criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act with regard to probation, community service order, and order to attend a lecture are likely to be subject to criticism because the Defendant committed the instant crime, even though he was punished three times due to drinking alcohol, as stated in the judgment of the court below.

However, the defendant recognizes and reflects the crime.

All of the above criminal records are prior to 2012, and the defendant has no record of punishment thereafter.

The blood alcohol concentration of drinking driving is relatively high.

The defendant's main figures want the defendant's wife against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.