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(영문) 창원지방법원 2020.01.22 2019고단3591
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 April 11, 2016, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court as well as two or more times of driving under the same kind of alcohol.

【Criminal Facts】

Nevertheless, at around 22:40 on November 7, 2019, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.172% in the 50-meter section from the parking lot of the Kimhae-si building B to the front road of C lending.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, family relationship, blood alcohol concentration (0.172%) of this case and the circumstances before and after the crime, etc.

An unfavorable circumstance: The defendant has a record of being punished several times for the same crime, and the circumstances favorable to the fact that the defendant has caused a traffic accident of heavy substances while driving under the influence of alcohol: The defendant is led to confession and reflect.

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