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(영문) 창원지방법원 2019.11.29 2019고단2979
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

Criminal facts

On June 7, 2011, the defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act at the Changwon District Court on June 7, 201, and criminal punishment for the violation of the Road Traffic Act is more than three times.

On September 26, 2019, at around 07:45, the Defendant driven a C QM6 vehicle while under the influence of alcohol content of about 0.115% in the section of about 10km from the 10km away from the 10km away from the Sungju Squa, Nam-gu, Busan Metropolitan City, Busan Metropolitan City, to the 49-2 Scambane.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of a driver of a driving school, and a report on the status of a driver of a driving school; 1. Before ruling: Application of Acts and subordinate statutes on criminal records, etc., investigation reports (A), and criminal investigation reports;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a traffic accident, and thus, it may cause damage not only to the driver but also to other infinites' lives and property. Therefore, a serious punishment is needed.

The defendant has caused a traffic accident due to drinking driving, and the blood alcohol concentration was also high at the time of committing the crime.

The same criminal records also have four times.

However, considering the fact that the defendant recognized the crime of this case, the previous criminal records were prior to eight years, the defendant's occupation, age, character and conduct, environment, motive, means and result of the crime of this case, and various sentencing factors in the trial process of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.

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