beta
(영문) 창원지방법원 2020.01.21 2019고단3059

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 June 11, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Changwon District Court on June 11, 2015, and has a record of drinking driving.

On July 31, 2019, around 00:15, the Defendant driven Datoba while under the influence of alcohol concentration of about 0.177% in the section of approximately 1 km from the Sungwon-si B apartment store in Changwon-si to the same Gu C department store.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances, such as the fact that the defendant has suffered considerable injury to the defendant due to an accident in the instant case)

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;