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(영문) 부산지방법원 2019.09.30 2019고단3595

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 of the final judgment.

Reasons

Punishment of the crime

On July 9, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On July 15, 2019, at around 22:58, the Defendant, who was punished for drunk driving, driven a B rocketing car owned by the Defendant in the state of alcohol 0.101% of blood alcohol level from the front line of the elementary distance of the Seocho-gu Busan to the front line of the Busan Regional Land Management Office, located in about 67 meters from the front line of the Busan East-gu to the front line of the Busan Regional Land Management Office.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;