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(영문) 부산지방법원 2021.03.18 2020고단4648

도로교통법위반(음주운전)

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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 December 22, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Busan District Court.

On October 30, 2022: (a) the Defendant driven a motor vehicle B, under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.110% from the dong basin public parking lot located in 1342, as the center of Busan Dong-gu, Busan, to the front road of the entrance of the parking lot.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lectures are divided, and the defendant's age, sex, criminal conduct, environment, motive and circumstances of the crime, circumstances leading to the crime of this case, degree of alcohol during the crime of this case, previous conviction and the date of the crime, etc. are considered as follows.