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(영문) 창원지방법원 2020.02.19 2019고단3761

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

[Criminal Power] The Defendant was sentenced to a fine of KRW 2 million at the Changwon District Court on June 1, 201, by committing a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 28, 2019, around 20:11, the Defendant driven a car in the pressland with a blood alcohol concentration of 0.140% from the 1km section from the window B of Changwon-si, to the front road of the same Gu C, while under the influence of alcohol level of about 1km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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.

Defendant has also three times criminal records of the same kind of crime.

However, the fact that the defendant acknowledges and reflects the crime, the previous criminal records are 8 years prior to the punishment of fine, and there is no record of punishment more severe than the fine, the defendant's economic situation, health status, family relation, age, character and conduct, environment, motive, means and result of the crime, etc. shall be determined as per the order, comprehensively taking into account various factors of sentencing specified in the trial process of this case, such as the circumstances after the crime.