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(영문) 창원지방법원 마산지원 2019.09.24 2019고단680
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 12, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch for a violation of the Road Traffic Act.

At around 10:00 on July 13, 2019, the Defendant driven an ENAS car from the 2km section from Changwon-si apartment from Changwon-si to the front road from D Middle School located in C, while under the influence of alcohol of 0.057% of blood alcohol level.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, and summary order under one-year 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine on two occasions (200, 2014) due to drunk driving (200, 2014), and was also under the influence of drinking.

However, the level of drinking water is relatively high.

The following day after he/she math and mathing, he/she was under the influence on the A.M.

The drinking driving did not cause a traffic accident while driving.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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