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(영문) 창원지방법원 통영지원 2019.09.25 2019고단769

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 October 7, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on October 7, 2009.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, at around 22:10 on July 13, 2019, the Defendant driven a freight vehicle with Dribe, while under the influence of alcohol, from approximately 4 km to the roads in front of the Si apartment, through approximately 0.074% of blood alcohol concentration, from the road in front of the Si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the management and inquiry of the master entry report;

1. Previous conviction: Application of a copy of summary order 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence shall be made in the same manner as the order, comprehensively taking into account one year of imprisonment, concentration of blood alcohol recognized as two years of suspended execution (40 hours of study in the quasi-driving Course), the defendant's previous records (3 times of fine), the circumstances and distance of driving, and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment and family relationship;