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(영문) 부산지방법원 서부지원 2019.11.28 2019고단1641

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 May 27, 2008, the defendant was issued a summary order of a fine of three million won by the Busan District Court due to the crime of violation of the Road Traffic Act in Busan District Court on May 27, 2008, and a summary order of a fine of four million won by the Busan District Court on June 8, 2016.

On June 30, 2019, at around 21:11, the Defendant driven a F K7 car from around 0.043% of blood alcohol concentration to around 30:00,000, to around 0.043% of the Ecar Center located in Busan Jung-gu, Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act reflects the error of the defendant, taking into consideration the situation of driving and the

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;