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(영문) 창원지방법원마산지원 2020.09.22 2020고단728
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act, etc. in the Changwon District Court Msan Branch on the following grounds: (a) on February 14, 2020, the Defendant was sentenced to a suspended sentence of two times in total; and (b) on February 14, 2020, the Defendant was sentenced to a suspended sentence of eight months of imprisonment for a special injury by the same court; and (c) on February 22, 2020, the period

On July 6, 2020, at around 18:02, the Defendant driven a F-learning car under the influence of alcohol content 0.159% at a 300-meter section from the old C Bank in the Haak-gun B to the front of the E-L hall located in D.

Summary of Evidence

1. The defendant's legal statement, the report on the circumstances of the drinking driver, the report on the circumstances, and the inquiry into the records of the drinking driving control;

1. Previous records before and after judgment: Application of three copies of criminal records, probationary records, investigation reports (verification during the period of suspension of execution), judgment, and other 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

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

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once (2004) due to a drunk driving, and a suspended sentence of imprisonment (2017) once (201).

In particular, during the period of probation of other crimes, there is a high possibility of criticism by neglecting the community service and committing a crime.

Traffic accidents that cause parked vehicles during drunk driving have also caused.

In 2017, traffic accidents have occurred even at the time of punishment as drinking driving.

In the blood alcohol concentration of 0.159%, the main state is not less than 0.159%.

However, there was no loss of human life due to traffic accident.

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