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(영문) 창원지방법원 마산지원 2019.05.10 2019고단37

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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 January 16, 2013, the Defendant received a summary order of KRW 7 million from the Suwon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million from the Changwon District Court to the same crime on June 15, 2018, respectively.

On December 27, 2018, at around 05:15, the Defendant driven a Fsch Rexton car in the state of alcohol alcohol concentration of about 0.098% from the parking lot of “Ccafeteria” located in Changwon-si B to the road of the same Exton in the same Gu from around 3km to the road of the same Gu.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on investigation reports (verification of the same records as A of a suspect);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order had already been discovered for two times, he/she drives drinking again while drinking again, and in particular, he/she resulted in recidivism only six months after receiving a summary order, it is difficult to impose a fine on the defendant.

In response, the defendant want to be punished by a fine on the ground that he/she drives a motor vehicle after drinking four hours of alcohol.

However, even according to the Defendant’s assertion, it does not go home and have a driver drive after driving the water, and the Defendant was driving after drinking alcohol, while driving the vehicle at the front.

However, the defendant is led to confession and reflect on the crime.