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(영문) 부산지방법원 동부지원 2019.10.24 2019고단1614

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

On December 31, 2008, the defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on December 31, 2008. On August 12, 201, the defendant was sentenced to a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the Busan District Court's branch branch court at the Busan District Court on August 12, 201, and on November 24, 2016, the defendant was sentenced to a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court'

On June 30, 2019, the Defendant driven a FMW 520d car from the Do near Busan-gu to the e-road located in Busan-gu, Busan-gu, to the e-road located in D, while under the influence of alcohol, which is 0.12% of blood alcohol concentration around 06:00.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Application of Acts and subordinate statutes of three copies of criminal records, reply reports, and 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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act does not mean the Defendant’s error in sentencing, and such unfavorable circumstances are against the Defendant, including the fact that the Defendant’s main contents are heavy, and that there are many criminal records, including criminal records of the same kind, and that social ties are obvious, and other favorable circumstances, such as the Defendant’s age, character and behavior, environment, means and consequence of the crime, and the various sentencing conditions specified in the trial process of this case, including the circumstances after the crime