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(영문) 부산지방법원 2019.10.16 2019고단3563

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2018, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court’s branch branch office on April 6, 2018.

【Criminal Facts】

On July 24, 2019, around 06:53, the Defendant, as a person who violated the duty of prohibition of drunk driving, driven Cone Star car in the state of alcohol with approximately 8km alcohol concentration of about 0.079% from the front side of the Busan Suwon-gu B to the intersection of the U.S. located in 84 U.S. East-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's attitude of acknowledging and reflecting the crime of this case, the defendant's drinking value and the distance from drinking driving, the defendant's age, character and conduct, environment, motive or circumstance of the crime, the means and method of the crime, the contents and result of the crime, and other various factors of sentencing indicated in the record, such as the circumstances after the crime, etc., as stated in the order