(영문) 창원지방법원 2020.09.10 2020고단2187

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(영문) 창원지방법원 2020.09.10 2020고단2187

도로교통법위반(음주운전)

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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 January 3, 2011, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court as a crime of violation of the Road Traffic Act.

At around 02:30 on April 27, 2020, the Defendant driven a motor vehicle with E-Wingle at a section of about 2 km from the underground parking lot of the Sungsi-si B building to the D Hospital located in the Changsi-si, Changwon-si, Changwon-si, siwon-si, to reach the front road of the B building, while under the influence of alcohol by 0.060% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, the background leading to driving and detection, the same criminal record) takes into account as the major sentencing factors, and the fact that the defendant is willing to recognize and not to make the same mistake again, and other sentencing conditions as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, shall be comprehensively taken into account, and the execution of the sentence shall be suspended on the premise that the community service duty is faithfully performed

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