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(영문) 창원지방법원마산지원 2020.10.20 2020고단478

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On April 26, 2002, the Defendant issued a summary order of KRW 1.5 million to the Changwon District Court for a violation of the Road Traffic Act; on June 30, 2006, the same court issued a summary order of KRW 2.5 million to a fine for the same crime; on October 13, 2006, the same court issued a summary order of KRW 3.5 million to a fine for the same crime; on June 29, 2007, at the same court, on the same offense, two years of suspended sentence of imprisonment for eight months; on January 25, 2011, two years of suspended sentence of imprisonment for the same crime at the Busan District Court; and on January 25, 2011, from the Changwon District Court to the same crime, two years of suspended sentence of imprisonment for six months. < Amended by Act No. 15038, Jan. 30, 2018>

Although the Defendant had been punished for drunk driving as above, on March 12, 2020, the Defendant driven CEX-sports cargo vehicles at approximately 1.2 km from the Halwon, Halwon-gun, Halwon-si, Halwon-si, 121 Ulwon-si, to the front road of the Dolwon-won 119 Safety Center, while under the influence of alcohol at around 22:24, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal investigation reports (Attachment to the judgment of the same kind of power, etc.), criminal records, etc. inquiry reports;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Three years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine three times due to drunk driving (202, 2006, and 2006), three times the suspension of the execution of imprisonment (2007, 201, and 2018), and was under the influence of alcohol.

The most recent drinking driving is the previous criminal record.