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(영문) 창원지방법원 2020.11.06 2020고단3029
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 25, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Changwon District Court Msan Branch on August 27, 2012 to a fine of KRW 1.5 million from the same crime.

At around 01:00 on September 9, 2020, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.157% from the 1km section to the front of the window B in Changwon-si, on a road where it is impossible to find out the name of the window at Changwon-si, Changwon-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes of the same kind as the suspect;

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(1) of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, including the circumstances after the crime, etc.

Unfavorable circumstances: The harm of drinking driving, a significant degree of blood alcohol concentration, and favorable circumstances, such as the same criminal record and four times (Provided, That two times after 2006), such as the defendant's mistake, is divided and reflected, family members, etc.

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