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(영문) 창원지방법원 2020.09.09 2020고단2106

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

[Criminal Power] On June 16, 2014, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 16, 2020, at around 01:45, the Defendant driven an Eflor vehicle while under the influence of alcohol concentration of about 0.133% at the 7km section of the blood alcohol content at the underground parking lot of D apartment in front of Changwon-si, Changwon-si, Seoul at approximately 01:45.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

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, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, the significant degree of blood alcohol concentration, the circumstances favorable to the three-time criminal records of the same kind: The defendant repents and reflects his/her wrong, the defendant has no record of punishment exceeding the fine, his/her dependents, etc.