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(영문) 창원지방법원 2020.02.07 2019고단3459

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】 On September 7, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Changwon District Court on September 7, 2007.

【Criminal Facts of Crimes】 On October 11, 2019, the Defendant driven approximately 500 meters of the freight vehicle E from the backha of the C Elementary School in Changsi-si B to the same D apartment bus stops in the same Gu, under the influence of alcohol level of 0.194% of alcohol level around 21:53.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

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.

The same criminal records are also twice.

However, the defendant's recognition of the crime of this case, the financial situation of the defendant, family relation, age, character and conduct, environment, motive, means and result of the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the trial process of this case, such as the circumstance after the crime.