(영문) 창원지방법원 2020.05.27 2019고단3035

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(영문) 창원지방법원 2020.05.27 2019고단3035

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On April 23, 2008, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on April 23, 2008, and was sentenced to a summary order of 1.5 million won for the violation of the Road Traffic Act three times.

In addition, on March 16, 2018, the Defendant was sentenced to a suspended sentence of two years on August 24, 2018 by the Changwon District Court for the crime of violation of the Road Traffic Act (Refusal of measurement of noise level), and the judgment became final and conclusive on March 24, 2018.

On October 1, 2019, at around 00:25, the Defendant driven a FN-si car at approximately 300 meters away from the map near C’s singing room in Kimhae-si B to the front road in D, while under the influence of alcohol content of about 0.101%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. The reason for the sentencing of the punishment under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that a brupt of traffic accidents may occur and may cause damage not only to an individual but also to the life and property of another person, and thus, it is highly dangerous. Therefore, a strict punishment is required.

The defendant also committed the crime of this case during the suspension period of the execution of imprisonment due to the violation of the Road Traffic Act (Refusal of Drinking Measures) and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), and there are three times the criminal punishment due to the drunk driving, and the degree of blood alcohol concentration at the time of the crime was high.

However, the defendant acknowledges the crime of this case and does not repeat it, and the defendant asserts.

참조조문

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