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(영문) 창원지방법원 2019.11.27 2019고단2679

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

On July 13, 2015, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch on July 13, 2015.

On August 23, 2019, at around 20:05, the Defendant driven an Epoter cargo vehicle while under the influence of alcohol leveling 0.123% of alcohol level from approximately 4km section to the front road in the window B, Changwon-si, the window B, which is located in the same Gu C, up to the front road in the same Gu C.

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. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), reports on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order;

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.

At the time of crime, blood alcohol concentration was also high.

There are many kinds of criminal records.

However, in full view of the fact that the defendant recognized the crime of this case, the defendant's economic status, family relation, age, character and conduct, environment, motive, means and result of the crime of this case, and other factors of sentencing as shown in the trial of this case shall be determined as ordered by the court.