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(영문) 창원지방법원마산지원 2020.09.15 2020고단517

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 September 26, 2012, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, at the Changwon District Court's Busan District Court's Busan District Court's Busan District Court's order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On May 9, 2020, at around 01:15, the Defendant driven a DNA car with a blood alcohol content of about 0.034% from the 9km section of approximately 9km to the front road of the Chang-si, Chang-si, the Chang-si, the Chang-si, the window of which is located in the corner of the window of Chang-si, the Chang-si, the Defendant driven a DNA car with a blood alcohol content of 0.034% under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine on two occasions (2012, 2016) due to drunk driving, and was engaged in a drunk driving.

However, the defendant recognizes the crime.

The blood alcohol concentration of 0.034% was the main state to the extent that the controlling values exceeded the amount.

The driver did not cause a traffic accident while driving.

There are no criminal records other than those before the previous offense.

The age, character and conduct, environment, and environment of the defendant.