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(영문) 부산지방법원 2020.05.07 2020고단91

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

On June 3, 2013, the defendant was issued a summary order of KRW 1 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On December 25, 2019, at around 06:00 on December 25, 2019, the Defendant driven CK3 car under the influence of alcohol concentration of about 0.07% from the 1km section to the front road of the Namyangsan-si, Gyeongsan-si, Yangsan-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition in full view of the following: (a) there is no fact of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; and (b) the motive and background of the crime; and (c) the blood alcohol concentration at the time of the crime;