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(영문) 부산지방법원 2020.12.17 2020고단4614

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 May 16, 2015, the Defendant was issued a summary order of a fine of four million won at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On October 24, 2020, at around 20:30, the Defendant driven a d SM6 car with a blood alcohol concentration of about 0.082% from around 30km to the front road of Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant driven a d SM6 car with a blood alcohol concentration of about 0.082%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: Application of criminal records, inquiry reports, investigation records, and Acts and subordinate 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. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are against the defendant, there is no record of criminal punishment exceeding the fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered and determined as the order of the punishment as shown in the present argument.