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(영문) 창원지방법원 마산지원 2021.02.16 2020고단1324
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 November 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on November 9, 2007, and on October 18, 2010, issued a summary order of KRW 1.5 million for the same crime at the Changwon District Court’s branch on October 18, 201.

Although the Defendant had been punished for drinking driving as above, on September 29, 2020, while under the influence of alcohol concentration of 0.137% during blood at around 22:36 on September 29, 2020, the Defendant driven C-wing and freight cars at approximately 2.2 km from the front of the breakwater located in the C-U.S. C-U. C-U to the apartment parking lot on the side of the C-U.S-U. C-U. C-U.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of driving at home;

1. Reports on internal investigation (referring to the details of measuring the alcohol consumption);

1. Inquiries about the results of crackdown on drinking driving;

1. A investigation report (B CCTV image analysis of apartment buildings) and the leakage of apartment CCTV images;

1. Investigation report (applicable with the mark not mentioned above);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutors: Imprisonment with prison labor for not less than two years and six months;

4. The Defendant, who was sentenced to a sentence, was punished by a fine on three occasions (200, 2007, 2010) due to drinking, and was driving under the influence of alcohol.

In blood, alcohol concentration is 0.137%, and the state of drinking is more important.

There is no good attitude after the crime, such as failing to comply with the police officer's request for a measurement of drinking, making resistance, etc.

(b).

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