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(영문) 창원지방법원통영지원 2020.11.25 2020고단377
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] The Defendant received a summary order of KRW 2.5 million on November 28, 2014, and a summary order of KRW 3 million on September 30, 2015, from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

Although the Defendant had a record of violating the provision on prohibition of driving under the influence of alcohol as above, on February 18, 2020, at C On-Road Parking Lots B at 20:15, on February 18, 2020, the Defendant refused to comply with the request of the manager for payment of parking fees, and driven D QM6 car under the influence of alcohol concentration of 0.07% at approximately 1m.

Although the Defendant had any record of violating the provision on prohibition of driving under the influence of alcohol as above, on August 5, 2020, at around 21:50, the Defendant driven a D QM6 car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.048% while under the influence of alcohol during the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

1. Of the applicable provisions of the Act on the Punishment of Criminal Crimes and the applicable provisions of Articles 148-2(1) and 44(1) of the Road Traffic Act, the scope of applicable sentences under the law for sentencing under Articles 37 (former part), 38(1)2, and 50 (1)3 of the Criminal Act for discretionary mitigation of punishment: Determination of not setting the sentencing guidelines in two to seven years: Imprisonment with prison labor; Determination of not setting the sentencing guidelines in June 1st and six months; relatively low blood alcohol concentration recognized as applicable to imprisonment;

The distance of the vehicle is not along.

The defendant had been punished for the same crime for the last ten years only twice a fine, such as the first head written in the ruling.

【Unfavorable circumstances】 The Defendant repeatedly driven a drinking motor vehicle.

In particular, the drinking driving on August 5, 2020 was committed on February 18, 202 in the course of a trial due to drinking on February 18, 202, and was committed on July 22, 2020.

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