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(영문) 창원지방법원 2020.04.29 2020고단45
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 6, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act by the Changwon District Court. On July 5, 2010, the Changwon District Court issued a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On March 7, 201, the Changwon District Court issued a summary order of KRW 2,50,000 as a fine for a crime of violation of the Road Traffic Act. On June 9, 2016, the Defendant was sentenced to a suspended sentence of KRW 2,50,00 as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 10, 2019, at around 01:14, the Defendant, while under the influence of alcohol of 0.092% of blood alcohol concentration, driven a Clearning car within approximately 800 meters from the breabbbb, front of the Gamb, Kimhae-si, to the roads front of Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control and the circumstantial statement of a drinking driver;

1. Previous records: Application of criminal records, investigation reports, 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of the age, character and conduct, environment, motive for committing the crime and the circumstances after committing the crime, as set forth in Article 51 of the Criminal Act, by one year following the imprisonment.

[Unfavorable Circumstances] The O's current Road Traffic Act was amended to achieve the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving and eradicating social damage caused by drunk driving.

O Drinking is likely to lead to traffic accidents in case of drinking driving by affecting people's physical ability, and drinking driving is highly likely to lead to traffic accidents, and the risk of recidivism is high.

The defendant.

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