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(영문) 창원지방법원 밀양지원 2020.06.11 2020고단124

도로교통법위반(음주운전)등

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

1. On March 7, 2013, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving) at Changwon District Court was sentenced to a fine of KRW 2 million, and a fine of KRW 4 million for the same crime at the same court on January 23, 2015.

2. On February 26, 2020, at around 22:40, the Defendant driven a F Kazon vehicle with a blood alcohol concentration of 0.128% while under the influence of alcohol without obtaining a driver’s license in the section of approximately 2 km from the front of the C cafeteria located in D to the front of the E cafeteria located in D.

The Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the occurrence of a traffic accident, photographs related to the traffic accident, and the ledger of driver's licenses;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Although the case is not light in light of the reasons for sentencing under Article 62-2 of the Criminal Act and the blood alcohol concentration, the same criminal records, etc., the Defendant’s age, character and behavior, occupation and environment, criminal records, motive and circumstance of the crime, and the circumstances before and after the crime, etc. are included in the records and arguments of this case.