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(영문) 창원지방법원 2019.09.18 2019고단2061

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] The Defendant, at the Changwon District Court on January 17, 2010, committed a violation of the Road Traffic Act (driving) with a fine of two million won, and on February 25, 2015, at the above court on February 25, 2015, issued a summary order of 1.5 million won under the same crime and violated the prohibition of drinking under the same law at least twice.

【Criminal Facts】

On July 5, 2019, at around 09:10, the Defendant driven a F T-man car in the state of alcohol alcohol concentration of approximately 0.154% from the section of approximately 100 meters from the front of the C-cafeteria located in Chang Sea-gu, Changwon-si B to the front of the E-Road located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including probation, orders to attend a lecture, and orders to provide community service order, shall be determined as ordered by taking into account all the various circumstances, including the following circumstances: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The unfavorable circumstances: The harmful effects of drinking driving, the significant degree of blood alcohol concentration (0.154%) and the records of punishment for three times for the same crime: The defendant's mistake is divided and reflected, the distance of drinking driving is relatively short, there is room for some consideration in the course of the crime, there is no history of punishment exceeding the fine, family members, etc.