beta
(영문) 창원지방법원 마산지원 2019.10.18 2019고단722

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 March 8, 2013, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 3, 2019, at around 02:20, the Defendant driven a two-wheeled vehicle in the direction of approximately 15k alcohol concentration at approximately 0.148% from the section of about 15km to the front road located in Msan-gu C of the same Sinsan-si.

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. Statement of the circumstances of the driver and the statement prepared in F;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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 Code of the community service order was that the Defendant had already been punished for drunk driving, but caused the instant crime.

The blood alcohol concentration is also high.

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.