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(영문) 부산지방법원 서부지원 2021.03.19 2020고단2284

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2011, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court.

On September 5, 2020, at around 23:50, the Defendant driven a Cpote car with approximately 20 meters in a state of alcohol alcohol concentration of 0.139% in blood at the Busan apartment parking lot B, Busan, Seo-gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries, such as criminal history, replys to inquiries, previous convictions and application of Acts and subordinate statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend the lecture has the same record as the defendant, and the drinking volume of this case is also appropriate.

However, the defendant's recognition of and reflects on the crime, the driving distance of drinking is about 20 meters, the circumstances leading to the driving of drinking, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered by taking into comprehensive account.