beta
(영문) 창원지방법원 2020.06.16 2020고단898

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 August 27, 2012, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court's Msan Branch.

On February 29, 2020, at around 03:10, the Defendant driven a Cpote car under the influence of alcohol concentration of about 0.092% at the section of about 5km from the window B of Changwon-si to the front road of Changwon-si, Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Legal statement of the defendant and a written statement of control police officers;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. It shall be decided as ordered on the grounds of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;