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(영문) 창원지방법원 마산지원 2020.02.05 2019고단1205
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 December 24, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court Branch, and a summary order of KRW 3 million for the same crime at the same court on April 3, 2015, respectively.

【Criminal Facts】

On November 22, 2019, at around 01:20, the Defendant driven D-Wz E200 vehicles under the influence of alcohol concentration of approximately 0.047% from the 4.5km section to the front road of Changwon-si apartment, Changwon-si, Changwon-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 twice due to drunk driving, but led to the instant crime.

However, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration is not high, but there is no record of punishment except the criminal records in the judgment.

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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