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(영문) 창원지방법원 밀양지원 2020.02.06 2019고단561
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 10, 2007, the Defendant was sentenced to the suspension of the execution of imprisonment for 8 months with prison labor for the violation of the Road Traffic Act for the purpose of violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling on January 10, 2007; 2 years of the suspension of the execution of imprisonment for 10 months in the same court on May 11, 201; 2 years of the suspension of the execution of imprisonment for 10 months in the same court on February 12, 2015; and 2 years of the suspension of the execution of imprisonment for 10 months in the same court on April 27, 2017; and on October 26, 2017, the Defendant was sentenced to imprisonment for the same crime in the same court on April 26, 2017.

At around 03:40 on August 31, 2019, the Defendant driven a F-typ car with a blood alcohol concentration of about 0.123% while under the influence of alcohol at approximately 200 meters in front of D'E' in front of D', “C” located in P.C.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, on-site photographs, and on-site screening;

1. A fireproof report (Attachment of a photograph by cutting off theCCTV image);

1. A report on investigation;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of previous dispositions, results of confirmation, copies of judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

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. Article 35 of the Criminal Act among repeated crimes;

1. In light of the current Road Traffic Act, which amended the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the punishment for the crime of drunk driving was strengthened, and in the atmosphere where the social awareness of the crime of drunk driving was high, the defendant was punished for the same kind of crime and the execution of the final punishment was completed for the same crime within the repeated crime period, and the defendant's blood alcohol concentration level at the time of committing the crime is not easy.

(b).

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