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(영문) 창원지방법원 마산지원 2021.03.16 2020고단1372

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Changwon District Court.

On November 25, 2020, the Defendant driven Cco-sports vehicles with a alcohol content of about 0.142% while under the influence of alcohol at approximately 1.3 km from the east-gu, Gyeong-gun, Gyeong-gun, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-gun, Dong-dong to the front road of Dong-gun, Gyeongnam-gun, Gyeongnam-gun.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Investigation report (as to the confirmation of the route of driving and revision to the facts constituting a crime after drinking the suspect), 11 copies of screen pictures after the moving route and CCTV closures (as to the list of evidence Nos. 21, 22);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (applicable to the same type of force), a copy of summary order;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors of sentencing as the reasons for sentencing under Article 62-2 of the Criminal Act, such as the defendant’s age, sex, environment, motive and consequence of the crime, circumstances after the crime, etc., and all such factors of sentencing as shown in the records and arguments.

Disadvantageous sentencing factors: The high alcohol concentration in blood, the favorable sentencing factors that lead to the instant crime despite the existence of the same kind of force, are recognized and reflected in the instant crime, there is no circumstance that the risks from driving are realized, and there is no record of punishment exceeding the fine.