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(영문) 창원지방법원 밀양지원 2020.01.16 2019고단498
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 October 18, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court.

On October 23, 2019, at around 01:40, the Defendant driven CNS car while under the influence of alcohol content of about 0.144% at a section of approximately 6 km for the front road of the C C in front of the CNS Station in the CNS Station in front of the CNS Station in the CNS Station.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and reports on results of confirmation (attached to summary orders);

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. Under the current Road Traffic Act amended for the reason of sentencing Article 62-2 of the Criminal Act, the punishment for the crime of drunk driving was strengthened, and even though the defendant had been punished for the same kind of crime in an atmosphere with high social awareness of the crime of drunk driving, the defendant's blood alcohol concentration at the time of committing the crime in this case without weight, and the defendant's blood alcohol concentration level at the time of committing the crime in this case is not somewhat weak, and there is a minor traffic accident among the crimes in this case, the need to punish the defendant with severe punishment is recognized.

However, the overall circumstances, such as the fact that the defendant repents the defendant's wrong, there is no significant penalty force exceeding the fine for the same kind of crime, a certain period has elapsed from the previous date of the same crime, and the result of the damage to others has not occurred due to traffic accidents, and the age, character and conduct, environment, circumstances of the crime, and after the crime.

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