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(영문) 창원지방법원 진주지원 2020.03.31 2020고단78

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 26, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on April 14, 201, a summary order of KRW 1 million for the same crime at the same court on April 14, 2011, and a summary order of KRW 2.5 million for the same crime at the same court on August 29, 2013, and on September 30, 2013, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the same court on September 30, 2013, and on October 10, 2014, the same court was sentenced to a fine of KRW 7 million for the same crime, etc. at the same court on April 12, 2016.

【Criminal Facts】

On December 21, 2019, around 00:37, the Defendant driven a three-dimensional car with a blood alcohol concentration of about 0.063% while under the influence of alcohol at the 1km section from the front road of Sacheon-si to the intersection intersection in the Sacheon-si Sacheon-si border.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Previous records of judgment: Each inquiry into the results of the control of drunk driving, criminal records, inquiry into criminal records, judgment, application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished six times due to drunk driving, and two times of which are sentenced to suspended sentence, considering the unfavorable circumstances that the Defendant again committed the instant crime at the time when one year has not elapsed since the time when the period of suspended sentence was too excessive, and recognizing the Defendant’s mistake, such as the blood alcohol concentration and driving distance of the Defendant at the time of the instant crime.