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(영문) 창원지방법원진주지원 2020.12.10 2020고단1252

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2014, the Defendant was sentenced to a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

On May 6, 2020, at around 00:13, the Defendant driven a DNA knife vehicle under the influence of alcohol concentration of about 0.083% at the 1km section from the front of the opening street in the Dobong-gu, Jinju to the front road in the same city B.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of the control of drinking driving, communication between countries and appraisal, and report on the detection of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are subject to punishment four times due to previous drunk driving for the reason of sentencing. In full view of the records, such as the blood alcohol concentration of the defendant at the time of the pertinent drunk driving, the defendant's status at the time of the pertinent drunk driving, the circumstances leading to the detection of the pertinent drunk driving, the defendant's previous records of punishment, and the various conditions of sentencing as shown in the argument of