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(영문) 창원지방법원 2019.11.27 2019고단2763

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

Criminal facts

On March 12, 2012, the Defendant received a summary order of a fine of KRW 4 million from the Changwon District Court for a violation of the Road Traffic Act.

On August 26, 2019, at around 00:25, the Defendant driven a F Ecoo motor vehicle under the influence of alcohol concentration of about 0.148% in a section of about 10 meters from the front of C located in the window B of Changwon-si to the front of E in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control, and report on the actual state of a drinking driver;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (a) Acts and subordinate statutes;

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. 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a traffic accident, and thus, it may cause damage not only to the driver but also to other infinites' lives and property. Therefore, a serious punishment is needed.

The defendant has caused a traffic accident due to drinking driving, and the blood alcohol concentration was also high at the time of committing the crime.

There are many criminal punishment power.

However, even though the defendant recognized the crime of this case and had the same criminal records, the defendant's economic situation, family relation, age, character and conduct, environment, motive, means and result of the crime of this case and other factors of sentencing as shown in the trial of this case shall be determined as ordered in comprehensive consideration.