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(영문) 창원지방법원 2019.10.11 2019고단2200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On June 13, 201, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court's Busan Branch on the grounds of the violation of the Road Traffic Act, and a fine of 1.5 million won for the same crime in the same court on December 21, 2016. On May 10, 201, the Defendant was sentenced to a summary order of 1.5 million won for the same crime at the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) at the Changwon District Court on the grounds of a violation of the Road Traffic Act at least twice.

【Criminal Facts】

On August 2, 2019, at around 00:55, the Defendant driven a DNA car in the state of alcohol of about 0.10% of blood alcohol concentration in the section of approximately 1km from the front of the Ccafeteria at the window B of Changwon-si to the front of the 42 subsection in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same type of crime decisions, etc.);

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 by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the Defendant, as well as the age, character and conduct, environment, motive, means and consequence

Unfavorable circumstances: The harmful effects of drunk driving, significant degree of blood alcohol concentration, and the past records of punishment for traffic-related crimes, including the previous records of suspended sentence of imprisonment with prison labor as indicated in the judgment (three times of drinking driving and two times of driving without obtaining a license), etc.: The defendant repents and reflects his/her wrong, and his/her dependents (the spouse of a severe disease), etc.

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