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(영문) 창원지방법원 마산지원 2020.04.10 2020고단107

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 November 19, 2012, the Defendant was issued a summary order of a fine of KRW 4 million at the Changwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 3, 2020, at around 01:55, the Defendant driven the E-Wz car under the influence of alcohol content of about 0.135% at a section of about 500 meters of blood alcohol at the front of the CHEL parking lot located in Changwon-si, Changwon-si B.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F, each written statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving, but caused the instant crime.

The blood alcohol concentration is also high.

However, the defendant recognizes and reflects the facts of crime.

There is no record of punishment except the criminal records in the judgment.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.