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(영문) 창원지방법원 통영지원 2019.10.31 2019고단955

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 May 28, 2008, the Defendant issued a summary order of KRW 1.5 million to the Changwon District Court through the Changwon District Court on the charge of violation of the Road Traffic Act (driving) and the same court on March 24, 2014 as the same crime.

【Criminal Facts】

On August 18, 2019, at around 07:05, the Defendant driven a ENAS car in the state of alcohol with approximately 400 meters alcohol concentration of 0.09% from the front parking lot of the B apartment Cdong at macrosi to D intersection.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant's records of the same crime, driving background, driving distance, driving distance, the degree of exploitation, the time of and reflects the crime; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the punishment as ordered shall be determined in consideration of various sentencing conditions under Article 51 of the Criminal Act, including circumstances after the crime.