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(영문) 창원지방법원 2019.10.30 2019고단2011
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 May 17, 2010, the Defendant issued a summary order of KRW 2 million at the Changwon District Court to the Changwon District Court for the crime of violation of the Road Traffic Act. On November 9, 2015, the Defendant issued a fine of KRW 2 million to the Changwon District Court for the crime of violation of the Road Traffic Act, and violated the Regulations on the Prohibition of Drinking Traffic more than twice.

【Criminal Facts】

On July 3, 2019, at around 21:00, the Defendant driven C C C in the state of alcohol alcohol concentration of about 0.206% from a 300-meter section from the front of a cafeteria located in the Gung-si, Kimhae-si to the front of the Gung-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including probation, orders to attend a lecture, and orders to provide community service order, shall be determined as ordered by taking into account all the various circumstances, including the following circumstances: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, high level of blood alcohol concentration, etc.: The fact that the defendant repents and reflects the wrong, the short distance of drinking driving, the fact that there is no record of punishment exceeding the fine, the dependent, etc.

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