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(영문) 창원지방법원마산지원 2020.09.25 2020고단581

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

[criminal power] On February 12, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Mapo Branch on February 12, 2012.

【Criminal Facts】

Although the Defendant had been punished as a crime of violation of the Road Traffic Act as above, on May 20, 2020, the Defendant driven a DNA iscoon in the state of alcohol concentration of about 0.070% from the community service center located in the Changwon-si Yangdong-dong, Changwon-si to the front day of the same Gu to approximately 200 meters from May 20, 202, while under the influence of alcohol concentration of about 0.070% in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, but caused the instant crime, and accordingly, caused a traffic accident.

However, the defendant makes a statement to the effect that he acknowledges and reflects the facts of crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.