(영문) 창원지방법원 진주지원 2020.01.16 2019고단1358

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2020.01.16 2019고단1358

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 12, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Jinju branch on November 12, 2010; on September 12, 2013, the Defendant received a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (Refusal of measurement); on November 6, 2013, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the same support; and on May 17, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc.

On October 16, 2019, around 15:50 on the 15:50th day, the Defendant driven a DNA car with a blood alcohol content of about 6 km from the front side of the Mandong-gun to the front side of C, located in the Handong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant violated the regulations on the prohibition of drunk driving or the duty of measurement of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, correspondence records, written judgments, and other output 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the record of blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case; (b) the distance of driving; (c) the background leading up to driving; (d) the situation of the defendant at the time of driving; (c) the previous criminal records of the defendant; and (d) the health conditions of the defendant

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