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(영문) 창원지방법원 2019.08.14 2019고단1517

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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] The Defendant, at the Changwon District Court on November 12, 2015, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court on November 12, 2015, and issued a summary order of KRW 2 million for the same crime at the same court on November 27, 2017 and violated the provisions on the prohibition of drunk driving at least twice.

【Criminal Facts】

On April 27, 2019, the Defendant driven a vehicle under the influence of alcohol with a blood alcohol concentration of 0.076% at a section of approximately 400 meters from the parking lot B of Changwon-si to the front road of the D Elementary School, which is located in C, around 20:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, the history of punishing two fines for the same crime (2015, 2017), etc.: The defendant repents and reflects the defendant's wrong, and the amount of this case's blood alcohol concentration is not high, and the fact that there is no other penalty other than the previous conviction, etc.