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(영문) 창원지방법원 2020.06.19 2020고단815

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On January 19, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court’s branch branch branch court.

【Criminal Facts】

On January 29, 2020, at around 04:25, the Defendant driven a DFM 6x2 Track freight vehicle while under the influence of alcohol concentration of about 0.158% at approximately 12km from the 12km section to the front road of the Mawon-si, Changwon-si, Busan-si, Seoul-si, the convenience store located in the C convenience store located in Changwon-si B. The Defendant driven the DFM 6x2 Track Track in front of the 6687 coast.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a copy of the same criminal records and summary order attached);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The harm of drinking driving and actual traffic harm (the occurrence of large-scale physical damage), high blood alcohol concentration, and favorable circumstances such as two times before and after the same kind of crime (However, once after 2006): The fact that the defendant repents the wrong and reflects the wrong, the defendant has no record of punishment exceeding the fine, his dependents, etc.