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(영문) 부산지방법원 2020.01.08 2019고단5417

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

[Criminal Power] On October 31, 2019, the Defendant was issued a summary order of KRW 7 million at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On October 25, 2019, the Defendant, while under the influence of alcohol of 0.187% from blood alcohol level on October 25, 2019, driven a BM X6 car at the section of approximately 2km from the front day of the mutual influence house located in the Busan East-gu hot Springdong to the front day of the Busan Geum-gu Seo-gu square.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 9);

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. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act, are as follows: (a) Defendant was making two times in a short term or a drunk driving; and (b) blood alcohol level up to 0.187%; (c) Defendant was chosen to be sentenced to imprisonment in light of the circumstances leading to 0.187%; (d) the Defendant’s age, character and behavior, and environment, including the circumstances favorable to the Defendant, including the fact that there was no other criminal power except the previous and the previous and the previous and the previous fines of the same kind, and that there was no accident during driving; and (e) the Defendant’