(영문) 창원지방법원 2020.04.17 2020고단269

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(영문) 창원지방법원 2020.04.17 2020고단269

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

On February 29, 2016, the Defendant was issued a summary order of KRW 1,00,000 by the Changwon District Court as a crime of violating the Road Traffic Act.

On December 27, 2019, around 08:30 on December 27, 2019, the Defendant driven a C6-car while under the influence of alcohol content 0.147% in a section of about 4km from the underground parking lot to the front line of the Changwon-si's counter-gradon street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order 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 the current Road Traffic Act is amended to attain the general preventive effect of the punishment by strengthening the control standards and statutory punishment for drunk driving and eradicating social damage caused by drunk driving. The defendant, including the previous conviction stated in the judgment, once again drives under the influence of alcohol without awareness of the danger of drunk driving, and the defendant's driving under the influence of alcohol to the extent that he is unable to walk properly at the time of regulating it.

However, the defendant reflects the crime of this case and sells a vehicle after the crime of this case, etc., and the defendant was not punished for more than a fine due to drunk driving, and the defendant was not punished for more than a fine due to drunk driving, and the defendant's age, character and conduct, 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

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