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(영문) 부산지방법원 2021.02.24 2020고단4642

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2020, the Defendant driven a car with Chigh-est typ, while under the influence of alcohol content of about 0.240% in a section of about 10 meters near the Busan Young-gu B, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of a driver who is placed in driving and a notice of the result of drinking control;

1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are as follows: (a) the degree of alcohol content, odometer, previous offense, and other punishment as ordered in consideration of the Defendant’s age, sex, environment, and circumstances after the crime at the time of the instant crime;