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(영문) 창원지방법원마산지원 2020.10.30 2020고단698
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

[criminal power] On June 15, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on the summary order of KRW 700,000,000 as a fine for the same crime at the same court on December 1, 2008.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, at around July 1, 2020, the Defendant driven a era vehicle under the influence of alcohol with approximately 0.116% of alcohol concentration from around 140 meters to the same Da hotel parking lot located in the Changwon-si, Masan-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), enforcement statement by police officers, and report handling case record by 112;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act was that the Defendant had been punished three times due to drunk driving, but led to the instant crime.

However, the defendant stated that he is aware of and against the facts of crime.

There is no criminal record exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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