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(영문) 창원지방법원 통영지원 2019.10.23 2019고단929
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 12, 2017, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on April 12, 201, and a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on June 26, 2008.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, at around 07:06 around July 29, 2019, the Defendant driven a Dpoter Ⅱ truck under the influence of alcohol with approximately 5 km from the road near the Defendant’s residence located in Tong-si B to the front road of C, while driving the Dpoter Ⅱ truck under the influence of alcohol with a blood alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the report, management and inquiry of the entry into the ship;

1. Previous conviction: Application of a copy of the summary order for drunk driving to a suspect;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: It shall be less likely to be criticized in light of one year of imprisonment, blood alcohol concentration recognized as two years of suspended sentence, and driving time;

In addition, the defendant's previous records (two times of fine), the details and distance of his/her driving, the defendant's age, character and conduct, environment, family relationship, etc. shall be determined as ordered by considering the various circumstances revealed in the trial process of this case.

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