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(영문) 창원지방법원 2020.06.18 2020고단1066
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On October 26, 2009, the Defendant issued a summary order of KRW 2 million at the Changwon District Court as a crime of violation of the Road Traffic Act. On December 19, 201, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (in the case of a violation of the Road Traffic Act) and a violation of the Road Traffic Act (in the case of a violation of the Road Traffic Act), and was sentenced to a suspended sentence of KRW 8 months at the Changwon District Court on December 13, 201.

On March 14, 2020, around 07:10, the Defendant driven a D Coindoc car in the state of alcohol alcohol concentration of about 0.092% from the section of about 400 meters, where the Defendant was under the influence of alcohol at approximately 0.092% in front of the Sungwon-si, Changwon-si B apartment road to the road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to confirm the same criminal suspect's power (including judgment, etc. separately attached thereto);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant’s responsibility is very heavy in view of the following: (a) the reason for sentencing of Article 62-2 of the Criminal Act regarding the order of community service and order to attend a lecture is that the Defendant was punished twice by a fine due to drunk driving; (b) the Defendant was punished once a suspended sentence of imprisonment; (c) the blood alcohol level at the time of driving of the instant case is not lower than 0.092%; and (d) the drinking driving is very dangerous criminal that may lead to the life of another person.

However, there are extenuating circumstances, such as the fact that the defendant reflects his mistake, that the defendant was engaged in a work life in a usual and sincere manner, and that the person and the employees want to find the defendant a preference against the defendant.

. The above.

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