(영문) 창원지방법원 밀양지원 2020.06.11 2020고단136

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2020.06.11 2020고단136

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

[Criminal Power] On July 1, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support.

【Criminal Facts】

At around 19:40 on March 4, 2020, the Defendant driven a car at C after 200 meters away from the blood alcohol concentration of about 0.171% while being under influence of alcohol in the middle of C. 19:40.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Criminal records, US records, report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 made again for the reason of sentencing);

1. The sentence of the order is imposed in consideration of various circumstances, including the Defendant’s age, character and behavior, occupation and environment, criminal records, motive and circumstance before and after the commission of the crime, and the circumstances before and after the commission of the crime, which are the conditions of sentencing as shown in the records and arguments of this case, even though the case is not easy in light of the reason of sentencing under Article 62-2 of the Criminal Act, including the blood alcohol concentration and the same kind of criminal records.

It is so decided as per Disposition for the above reasons.

참조조문

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