(영문) 창원지방법원 통영지원 2020.01.07 2019고단1266

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2020.01.07 2019고단1266

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 June 1, 2010, the defendant was notified of a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) in the Changwon District Court's territorial branch on June 1, 2010.

On June 26, 2019, at around 22:21, the Defendant driven a F Poter under the influence of alcohol concentration of approximately 0.174% from the 5km section to the front road of the “Eve shop” located in C, a macro-si, a macro-si, the Defendant driven a F Poter under the influence of alcohol concentration of about 5km.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. On-site photographs;

1. Records before judgment: Application of criminal records, etc. and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act: (a) the degree of blood alcohol concentration, driving background, and identical criminal records as major sentencing factors; (b) the Defendant recognized his/her mistake and did not have any criminal records other than fines; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all sentencing factors indicated in the pleadings, such as the circumstances after the crime, shall be determined as ordered and the execution of the order shall be suspended on the premise that the Defendant

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