(영문) 창원지방법원 2020.04.17 2020고단169

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(영문) 창원지방법원 2020.04.17 2020고단169

도로교통법위반(음주운전)

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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 March 3, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch.

On January 10, 2020, at around 00:34, the Defendant driven a Category C rocketing car in the state of alcohol alcohol concentration of about 0.125% from the 1km section to the later road of the apartment apartment of Kimhae-si from the Gaj Station, which is located in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that drinking alcohol affects the people's physical ability to make a drinking operation, which leads to a traffic accident, and that drinking driving is highly likely to lead to a traffic accident, and that the defendant is driving a drinking again without the awareness of the danger of drinking driving despite the fact that the defendant had a record of punishment for drinking driving, and that the degree of the defendant's driving by drinking is disadvantageous.

However, the defendant should not repeat the crime of this case in response to the crime of this case, and the prior records in the judgment are about 10 years, and there are no other penalty records except the above prior records, and the defendant's age, character and behavior, economic situation, motive of the crime, circumstances after the crime, etc. shall be determined as ordered by the sentence in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior

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