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(영문) 창원지방법원 진주지원 2019.10.10 2019고단843

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 June 11, 2018, received a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court on March 11, 2018, has the criminal records subject to punishment for drinking driving.

【Criminal Facts】

On July 9, 2019, around 20:13, the Defendant driven a F-to-purd motor vehicle in the state of alcohol alcohol concentration of about 30 meters from the front of the “C History” road in Sacheon-si B to the front of the “E” road in Sacheon-si D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (assuring and confirmation), summary orders, and the application of 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of the defendant's driving, the circumstances leading to driving, and the previous records of punishment of the defendant, and the various conditions of sentencing specified in the arguments