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(영문) 창원지방법원 마산지원 2020.02.05 2019고단1203

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

Punishment of the crime

[Criminal Power] On March 17, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 16, 2019, at around 21:30, the Defendant driven a D body-man vehicle under the influence of alcohol concentration of about 0.169% from the 1km section to the front road of the Changwon-si, Changwon-si B apartment, Changwon-si, and the front road of the same Gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving, but caused the instant crime.

The blood alcohol concentration level was high, and the accident was caused while driving under the influence of alcohol.

However, the defendant recognizes and reflects the facts of crime.

Criminal records in the judgment are relatively old.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.