beta
(영문) 창원지방법원 2021.03.24 2020고단3940

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

1. The Defendant, on October 6, 2020, driven a DNA-low vehicle under the influence of alcohol content of about 0.081% from the front Do of Changwon-si, to the same front road of the same Gu, around October 6, 2020.

2. 2020. 10. 18. 자 범행 피고인은 2020. 10. 18. 00:25 경 창원시 의 창구 팔용동에 있는 상호 불상의 호프집 부근 도로부터 같은 구 도계동 도계 광장 부근 도로에 이르기까지 약 5킬로미터 구간에서 혈 중 알코올 농도 0.125% 의 술에 취한 상태로 E 팰 리 세 이드 차량을 운전하였다.

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. Application of Acts and subordinate statutes to notify the detailed statement of the situation of the driver who is to be placed in driving each week, each investigation report (report on the situation of the driver who is to be placed in driving),

1. Relevant legal provisions and Articles 148-2(3)2 and 44(1) (i.e., self-driving on October 6, 2020) of the Road Traffic Act concerning criminal facts; Articles 148-2(1) and 44(1) of the Road Traffic Act (i.e., self-driving on October 18, 2020); and (ii) selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1.Article 62(1) of the Criminal Code of the Republic of Korea;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant, who had no criminal history; (b) repeated driving of drinking within the short period; and (c) the Defendant, at the time of committing the crime, was a high alcohol concentration in blood; and (d) the sentence is determined as ordered.