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(영문) 창원지방법원 마산지원 2020.06.24 2020고단338

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 22, 2020, the Defendant was discovered to drive under the influence of alcohol, and on April 8, 2020, the Defendant filed a request for a summary order of KRW 8 million with the Changwon District Court for a fine of KRW 8 million due to the violation of the Road Traffic Act ( sound driving).

On May 7, 2020, summary order (fine 8 million won) was served on the defendant around May 13, 2020.

On April 2, 2020, at around 12:10, the Defendant driven a DNA-type car under the influence of alcohol with a 0.185% alcohol concentration on the road of approximately 800 meters from Changwon-si B apartment in approximately 12:0 meters to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Records of judgment: The disposal fine section and the application of Acts and subordinate statutes of indictment;

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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

The reason for sentencing resulted in the instant crime only when the Defendant was exposed to drunk driving (at that time, the blood alcohol concentration level reaches 0.191%).

The blood alcohol concentration level was very high, and it also caused an accident.

In light of the legal attitude, it is doubtful whether it is against the will of the court.

However, the defendant recognizes the facts of crime.

There is no record of punishment except for the above electricity.

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.