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(영문) 창원지방법원 2020.06.25 2020고단101

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

On November 1, 2016, the Defendant issued a summary order of a fine of KRW 1.5 million at the Changwon District Court for a violation of the Road Traffic Act.

On January 2, 2020, at around 00:05, the Defendant driven a DM5 car under the influence of alcohol concentration of about 0.089% from the 2km section to the front road of C real estate located in Kimhae-si, Kimhae-si, Kim Jong-si, in front of a restaurant located in the mutual unclaimed city in Kimhae-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to crimes committed by foreigners and investigation experience data inquiry;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, the background leading to driving and detection, the same criminal record) takes into account as the major sentencing factors, and the fact that the defendant is willing to recognize and not to make the same mistake again, and that the defendant would not make the same mistake again. In addition, in full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence shall be determined as ordered and the execution of the sentence shall be suspended on the premise