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(영문) 창원지방법원 마산지원 2020.02.14 2019고단1192

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act in the Changwon District Court Support on September 18, 2018, and was sentenced to a suspended sentence of three years on September 28, 2018, which became final and conclusive on September 28, 2018, and is currently under suspended sentence and has three times the total records of drinking driving.

On October 28, 2019, at around 17:50, the Defendant driven a e-line car without a car driver’s license on the roads from the Haan-gun B apartment Cdong parking lot to the D apartment parking lot. On the same day, the Defendant driven the said vehicle under the influence of alcohol level of 0.140% without a car driver’s license on the roads from the said D apartment parking lot to the said B apartment parking lot. At around 2:20, the Defendant driven the said vehicle under the influence of alcohol level of 0.140% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver, report on the situation of a driver’s license, and the register of driver’s licenses;

1. Previouss before and after judgments: Application of criminal history records, investigation reports (verification of whether the same type of power is attached and the period of suspension of execution, etc.);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished three times due to drunk driving.

The driver's license was revoked due to the last force, and even during the suspension period, the crime of this case was committed.

The blood alcohol concentration level was high, and the accident was caused.

However, the defendant recognizes and reflects the facts of crime.

There is no record of punishment except the criminal records in the judgment.

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.