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(영문) 창원지방법원 마산지원 2020.05.12 2020고단96
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 January 7, 2015, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court's Musan Branch on four occasions in total.

On January 20, 2020, at around 15:48, the Defendant driven a Category D-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

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

1. Previous records of judgment: Application of four copies, such as an investigation report, summary order, and criminal records, and other 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, such as probation, community service order and order to 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. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine of three times (204, 2008, and 2015) due to drunk driving, and was sentenced to the suspension of indictment in 2002, and was under the influence of drinking.

In the blood alcohol concentration of 0.122%, the main state is not easy.

However, there was no traffic accident.

In the past, all drinking driving power in the past was a state of driving to the extent that it exceeds the control value.

There are no criminal records other than those before the previous offense.

The defendant raises two children alone.

The age, character and conduct, environment, motive, means, results, and crimes of defendants.

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