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(영문) 창원지방법원 2020.06.18 2020고단894

도로교통법위반(음주운전)

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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 May 2, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court Msan Branch on May 2, 2014, and was sentenced to a fine of KRW 3 million for the same crime in the same court on March 30, 2017.

On March 1, 2020, at around 04:10, the Defendant driven a DNS G70 car in the state of alcohol alcohol level of about 0.132% in the section of about 20km from the front day of the “C” alcohol house located in Busan Shipping Daegu, Busan, to the front day of the Bluan-dong, Gyeong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do.

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. Reports on the occurrence of traffic accidents, actual survey records, and circumstantial statements of the driver concerned;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (including reports on the same criminal records and each summary order attached thereto);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s responsibility is very heavy considering the following: (a) the Defendant’s reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures was punished twice by a fine for drunk driving prior to the instant case; (b) the Defendant’s occurrence of an accident involving road facilities while running a drunk driving; (c) the blood alcohol level at the time of the instant driving is high to 0.132%; and (d) the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is reasonable to consider that the defendant reflects his mistake, and that there is no record of punishment heavier than the fine prior to the instant case.

The Defendant’s age, occupation, character and conduct, environment, family relationship, and the motive and background of the instant crime, including the above circumstances.