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(영문) 창원지방법원 마산지원 2020.04.28 2020고단61
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Changwon District Court on April 29, 201, and was sentenced to a suspended sentence of three times in total.

On December 31, 2019, around 02:54, the Defendant driven a DNA car while under the influence of alcohol content of about 0.126% on a road with approximately 100 meters away from the department store in Changwon-si B department store in Changwon-si to the same Gu Celel parking lot.

Summary of Evidence

1. Defendant's legal statement;

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

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. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), two copies of summary orders, and application of Acts and subordinate statutes of one written judgment;

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 twice (208, 2010, 2010) due to a drunk driving, and was sentenced to a suspended sentence of imprisonment once (201), and was engaged in a drunk driving.

In order to be forgotten about the parking of a vehicle by driving a drunkly, and to find the vehicle, the state of taking the vehicle in this case was not weak to the extent that the crime of this case was discovered.

However, the drinking driving did not cause a traffic accident while driving.

The distance of driving is relatively not along.

All of the previous departments are before 2011, and are two times due to other crimes in addition to the previous records.

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