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(영문) 부산지방법원 2020.09.10 2020고단2502

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

At around 22:20 on June 12, 2020, the Defendant driven a car in the state of alcohol with approximately 14km alcohol concentration of about 0.217% from the 14km section to the front road of the “C” located in the Geum-gu, Busan.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's statutory statement, written report on the circumstantial statement, and records of drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 Criminal Act is that driving under the influence of alcohol may harm the body and property of a person who is not only the person in question but also the person in question. Therefore, a strict punishment needs to be imposed.

The defendant's blood alcohol concentration is considerably high, and the distance of driving is also short.

However, under favorable circumstances, the defendant has no criminal records exceeding the same criminal records or fines.

In addition, the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, shall be determined as ordered by considering the whole circumstances.