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(영문) 창원지방법원 밀양지원 2020.06.11 2020고단154
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 July 4, 2008, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act from the Suwon District Court on July 4, 2008, and a summary order of a fine of four million won for the same crime from the Changwon District Court on April 16, 2015.

Nevertheless, at around 15:08 on March 7, 2020, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.167% from the 100-meter section to the same apartment D-dong parking lot from the fast B apartment C-dong parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident and photographs related to the traffic accident;

1. Notification of the results of crackdown on drunk driving, report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Reports on internal accidents (accident time), reports on internal accidents (final sound time), and reports on internal accidents (Hmark formula);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order, etc. attached to the same attached power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content, the traffic accident while drunk driving, the same kind of crime records, etc., the case is not exceptionally considered. However, the defendant is deemed not to have committed a crime, and the victim of the traffic accident seems not to be in place of serious damage. Other circumstances, including the defendant's age, character and behavior, occupation and environment, criminal records, motive and circumstance of the crime, and circumstances before and after the crime, and the sentencing conditions specified in the records and pleadings, are considered to be considered and sentenced to the same sentence as the disposition.

order for any reason above.

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