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(영문) 창원지방법원 2019.11.27 2019고단3031

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 September 27, 201, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2019, the Defendant, while under the influence of alcohol of 0.101% of blood alcohol concentration on September 21, 2013, violated the provision on prohibition of drinking driving by driving DNA-free cars at approximately 500 meters from the public parking lot adjacent to the Chang-gu Seoul Metropolitan City B market to the same front C at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the drinking driving control, and a report processing slip for 112 reported cases;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

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, a sentence as ordered shall be determined by taking into account all the various circumstances, such as 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 harmful effects of drinking driving, the degree of negative alcohol concentration, and the previous records of the defendant's judgment, including the previous records of the defendant's judgment (4 times of drinking driving, 3 times of driving without a license): The defendant's mistake is divided and reflected, the recent records of the defendant's punishment for drinking driving are relatively old, and the family members, etc. are relatively old.