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(영문) 창원지방법원거창지원 2020.11.11 2020고단165

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] On January 12, 2015, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on January 12, 2015. On October 27, 2016, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court branch on October 27, 2016.

【Criminal Facts】

At around 13:55 on July 12, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven the E rocketing car under the influence of alcohol by 0.183% of blood alcohol concentration from the front parking lot of the Ccafeteria in Gohap-gun B to the front road of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, even though he/she had been punished twice due to drunk driving, drives a motor vehicle again despite the fact that he/she had a high blood alcohol level at the time: The defendant was mistakenly recognized and reflects the fact that he/she was punished in excess of the fine, the fact that he/she has no record of being punished in excess of the fine, the fact that he/she is in a position to support his/her mother who has a good health and has a disability, and his/her family members have appeal for the wife, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined