(영문) 창원지방법원 2020.12.17 2020고단3448

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.12.17 2020고단3448

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 December 14, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

On August 18, 2020, at around 19:05, the Defendant driven a NAS car under the influence of alcohol leveling 0.138% of alcohol level from approximately 500 meters to the front road located in the window C of Changwon-si, Changwon-si, the Defendant driven the ENAS car in the influence of alcohol leveling from approximately 500 meters to the front road of Changwon-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: A inquiry report on criminal records, etc. and the application of Acts and subordinate statutes of the same kind as the suspect;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving and accident background, the same criminal record) takes into account as a major sentencing factor, and the fact that the defendant is willing to recognize and not to make the same mistake again, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the premise that the community service duty is faithfully performed.

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