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(영문) 창원지방법원 마산지원 2021.01.19 2020고단1243

도로교통법위반(음주운전)

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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 February 13, 2012, the Defendant was issued a summary order of KRW 3.5 million for a violation of road traffic law (drinking driving), etc. in the Changwon District Court's Musan Branch on February 13, 2012, and on November 19, 2015, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) in the Changwon District Court's Musan Branch.

On November 9, 2020, the Defendant driven a F Twork XG car at approximately 50 meters away from the Do in front of the city of Changwon-si, Changwon-si B to the front road of the E elementary school located in Changwon-si, Changwon-si, Masan-si D, Changwon-si, to approximately 0.154% alcohol level among blood alcohol level.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Photographss by cutting off on-site dynamics (12 pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was punished twice (2012, 2015) due to driving under drinking, and was driving under the influence of drinking at once.

In the blood alcohol concentration of 0.154%, the state of drinking is significant.

A traffic accident which causes utility-drivens while driving alcohol also causes a traffic accident.

However, there was no loss of human life due to traffic accident.

The distance of the vehicle is not along.