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(영문) 창원지방법원 통영지원 2020.04.29 2020고단84

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 was issued a summary order of KRW 2 million on December 26, 2006, a fine of KRW 4 million on October 24, 2012, and a summary order of KRW 4 million on March 20, 2014 on March 20, by committing a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong Branch Branch of the Changwon District Court, and was sentenced to a suspended sentence of two years on March 20, 2014.

【Criminal Facts】

On January 13, 2020, the Defendant, while under the influence of alcohol, driven a DNA car from the macro-si Btel parking lot at around 0.036% under the influence of alcohol at around 16:05, the Defendant driven a DNA car from around 500 meters to C, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 of the community service order;

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: One year of imprisonment, and two years of suspended execution (80 hours of social service) shall have the same majority power (3 times of fine and one time of suspended execution of imprisonment with prison labor); and

There is no reason to take into account the background of the driver's practice, since the driver's disease was driven for a long time, and there is no reason to take into account.

Considering the above circumstances, a sentence shall not be imposed on a defendant, taking into account the fact that it is a letter that the blood alcohol level recognized is low.

Other circumstances revealed in the trial process of this case, such as the distance of driving, the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as ordered.