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(영문) 창원지방법원통영지원 2020.08.18 2020고단323

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tongwon District Court’s branch branch on June 26, 201, and a summary order of a fine of five million won for the same crime in the same court on August 11, 2016.

On March 10, 2020, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.165% under the influence of alcohol from approximately 6 km to the entrance of the C in Tong-si, Tong-si. The Defendant driven a DNA rocketing car from the 6km section in the vicinity of the Tong-si, Tong-si.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of the above Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by taking into consideration all the circumstances, including the details of driving under the influence of alcohol in the case of this case, the degree of the defendant's attitude while driving under the influence of alcohol in the case of this case, the criminal records of driving under the influence of alcohol in the previous drinking, the criminal records