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(영문) 창원지방법원 마산지원 2020.02.05 2019고단1207

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

On May 10, 2013, the defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on May 10, 2013.

On November 18, 2019, at around 16:00, the Defendant driven an Efluor vehicle while under the influence of alcohol leveling 0.191% of alcohol level on the road of about 7 km from the Changwon-si, Changwon-si to the front of D located in C.

Summary of Evidence

1. Defendant's legal statement;

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 of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 very high and the accident occurred.

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

There is no criminal record exceeding a fine.

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.