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(영문) 창원지방법원 통영지원 2019.11.27 2019고단1182

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 December 29, 2009, the Defendant received a summary order of KRW 4 million for a fine of KRW 500,000,000 for a violation of the Road Traffic Act (driving) on December 29, 200, and a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) on March 2, 2007.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol as above, on September 17, 2019, at around 04:10, the Defendant driven an E-tobane while under the influence of alcohol at about 30 meters from the front of the C convenience store located in B at a macro-si, to the front of the Doo-si D, with the blood alcohol concentration of about 0.210%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and two years of suspended sentence (Probation) and a fine for the same kind and two times (credit concentration) but the distance of driving is shorter, a driver of Ortoba, a person driving the same kind of criminal records before about 10 years and a mistake recognized by the defendant, etc. are recognized as favorable to the defendant.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.