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(영문) 창원지방법원 2020.05.07 2019고단3375

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 July 20, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Changwon District Court.

On October 21, 2019, at around 22:36, the Defendant driven an E250 CDI 4Mic car in the state of alcohol with approximately 100 meters alcohol concentration of approximately 0.076% from the front of the Cju shop located in Jingu, Changwon-si B to the front road of the Jinhae-si D apartment in Changwon-si.

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 records: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, such as criminal records;

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 sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, and identical previous convictions as major sentencing factors; and (b) the Defendant’s perception of the Defendant’s mistake and desires not to mislead the Defendant again; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc. comprehensively taking into account all the sentencing conditions as indicated in the arguments, such as the Defendant’s age, character and behavior, environment