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(영문) 창원지방법원 마산지원 2021.03.30 2020고단1337

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 13, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on February 5, 2016, the Defendant received a summary order of KRW 4 million from the Changwon District Court Msan Branch to a fine for the same crime.

On July 24, 2020, the Defendant driven D-A6 car under the influence of alcohol concentration of about 0.177% in a section of approximately 300 meters from the front line of Changwon-si, Changwon-si, Changwon-si to the front line of the same Gu from around 00:38 to the front line of the same Gu.

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. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (verification of the same criminal suspect's records, etc.), and application of each summary order text;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection, community service order and order to attend a lecture [the scope of statutory applicable sentences] Imprisonment with prison labor for one year or two years or six months (decision of sentence], and one year or more of imprisonment with prison labor for a term of two years or more: The defendant was punished by a fine for two years or more of drinking driving (2010, or 2016) but he/she was punished for two years or more of drinking, and the blood alcohol concentration is higher than 0.177%: The circumstances that are favorable for the defendant to the extent that the alcohol concentration in the blood alcohol level is higher than 0.17%: The defendant has no criminal history of suspended sentence or more; the defendant's will have a relatively obvious social relation, such as the defendant's age, sexual behavior, occupation, and circumstances before and after the crime, etc., and the sentence shall be determined as ordered by taking full account of the sentencing conditions shown in the arguments and arguments