beta
(영문) 창원지방법원 마산지원 2019.10.18 2019고단721

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

[criminal power] On June 9, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Changwon District Court, and a summary order of KRW 2 million for the same crime in the same court on November 29, 2010.

【Criminal Facts】

On July 17, 2019, at around 00:26, the Defendant driven a E liquid sports vehicle with approximately 500 meters alcohol concentration 0.161% under the influence of alcohol at a section of about 500 meters from the public parking lot near Changwon-si B shopping district to the front road located 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. The circumstantial statement of the employee;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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 twice due to drunk driving, but has caused the instant crime.

The blood alcohol concentration level is not low.

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.