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(영문) 부산지방법원 2020.03.23 2020고단83

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

[criminal power] On November 26, 2009, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act; on April 2, 2010, the above court issued a summary order of KRW 2 million for the same crime; and on November 17, 2015, the above court issued a summary order of KRW 7 million for the same crime, respectively.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, at around 22:20 on December 14, 2019, the Defendant driven a f-hurd vehicle with a blood alcohol concentration of approximately 0.064% from a section of approximately 100 meters to the front road of the E parking lot located in D from the front of the road located in Busan East-gu, Busan to the front road of the E parking lot located in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act which prohibits drinking driving at least twice.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

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

1. Application of Acts and subordinate statutes entered in the inquiry report on criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Consideration, such as the fact that it is contradictory and driving distance is short distance and the blood alcohol concentration is not high);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had already been punished three times for the same kind of crime, and the sentence was determined as ordered, taking into account the following: (a) the confession and reflect of the crime; (b) the blood alcohol concentration is not higher than 0.064%; and (c) the driving distance is not higher than 100 meters.