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(영문) 창원지방법원 2020.05.15 2019고단4009

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 25, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court, and KRW 1,50,000 as a fine for the same crime from the Daejeon District Court's astronomical Branch on February 3, 2016.

【Criminal Facts】

On November 12, 2019, at around 18:42, the Defendant driven B-4.5 tons of alcohol leveled 0.210% under the influence of alcohol leveled from approximately 70km to Tol, the 3290 KNK, as from the front of the instant restaurant located in a place where it is impossible to know of the Gyeonggi-do Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si), the Defendant driven B-4.5 tons of alcohol leveled in a section of about 70km to Tol, the Korea Highway Corporation.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The harmful effects of drinking driving, conditions favorable to him/her, such as the previous record of the same kind and the high degree of blood alcohol concentration: The defendant repents and reflects his/her wrong, there is no record of punishment exceeding the fine for the same crime, his/her dependents, etc.