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(영문) 창원지방법원 2020.01.22 2019고단3371

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 21, 2017, the Defendant issued a summary order of KRW 3 million at the Changwon District Court for a violation of the Road Traffic Act.

On October 26, 2019, at around 23:30, the Defendant driven a motor vehicle in the Esp-type from the front to the front road located in C, while under the influence of alcohol of 0.164% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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 blood alcohol concentration has also been high, and there is also a history of punishment for the same kind of crime before two years.

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.