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(영문) 부산지방법원 2020.08.14 2020고단2297

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 January 9, 2017, the defendant received a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court on January 9, 201.

At around 21:40 on May 31, 2020, the Defendant driven a e-car under the influence of alcohol concentration of 0.187% in the 3km section from “C” located in Geum-gu, Busan to the front of D in the same Gu.

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

Summary of Evidence

1. For the accused's statutory statement, circumstantial statement, or inquiry as a result of the crackdown on drunk driving: Application of one copy of the summary order;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for the same kind of crime, once again commits the crime in this case, taking into account the defendant's blood alcohol concentration, the defendant's age, character, conduct and environment, and other various conditions of sentencing as shown in the trial, shall be determined as ordered.