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(영문) 창원지방법원 거창지원 2019.03.20 2018고단350

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 February 15, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 15, 2007. On July 24, 2015, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the regulations on the prohibition of drunk driving twice or more, on November 29, 2018, the Defendant driven a Ebbbric vehicle from the front of the C cafeteria located in the Gamban-gun, Gyeongnam-gun, to the neighboring road of the entrance of the same military forces, while drinking alcohol leveling 0.20% of alcohol leveling around 13:50 on November 29, 2018.

Summary of Evidence

1. Court statements of the accused (written trial records in the first written trial);

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is one ton of cargo vehicles with relatively high risk, even though the defendant was sentenced to a summary order of a fine of three million won for drunk driving in 2007 and around 2015, and even if he was sentenced to a summary order of a fine of three million won for each time, the blood alcohol level of 0.202% in the case of driving under the influence of alcohol, and the nature of such crime is not good.

However, the fact that the defendant recognized a mistake and reflects it, etc. shall be considered as favorable circumstances to the defendant, and the punishment as ordered shall be determined in consideration of the overall circumstances, such as the age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime.