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(영문) 창원지방법원마산지원 2020.10.27 2020고단687
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 December 29, 2006, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

Although the Defendant had been punished for a violation of the Road Traffic Act as above, at around 20:50 on June 6, 2020, the Defendant driven a F bargaining car under the influence of alcohol with a 0.135% alcohol concentration from around 500 meters to E in the front of the E located in Changwon-si, Mawon-si B.

Summary of Evidence

1. Investigation report of the criminal defendant's legal statement on the circumstantial statement of his/her driver (report on the circumstances of his/her driver), reporting on the state of his/her driving, and checking the results of the drinking control;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. 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. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine of four times (200, 2005, 2006, 2006) due to drunk driving, and was engaged in a drunk driving.

In the blood alcohol concentration of 0.135%, the main state is not easy.

illegal U.S.C.

When it is discovered to a police officer, it is not good to attitude after committing the crime by failing to comply with the stop order, refusing to sign and seal the relevant documents, bringing the police officer a brupt with the intention of bringing the police officer a loudly.

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

Other records and arguments, such as the age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, are shown.

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