(영문) 창원지방법원 2020.11.30 2020고단2618

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.11.30 2020고단2618

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 21, 2015, the Defendant issued a summary order of a fine of one million won at the Changwon District Court for a crime of violation of the Road Traffic Act. On April 15, 2019, the Defendant had the power of issuing a summary order of a fine of five million won for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s Tong branch branch on April 15, 2019.

At around 22:50 on July 12, 2020, the Defendant driven B car under the influence of alcohol concentration of 0.131% from the 2km section from the front of the church in the vicinity of Kim Jong-si, Kim Jong-si to the front of the new language middle school street.

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 of judgment: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the suspended sentence under the main sentence of Article 62(1) of the Criminal Act (the numerical value of blood alcohol level, driving and accident background, and previous convictions) shall be considered as a major sentencing factor, and the defendant's mistake is recognized and again does not make the same mistake again. In addition, the defendant's family relation, age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments, such as the circumstances after the crime, shall be determined as the order.

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