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(영문) 부산지방법원 2020.12.24 2020고단3628

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 November 26, 2008, the defendant was sentenced to a summary order of a fine of two million won by a violation of the Road Traffic Act at the Busan District Court on November 26, 2008, and was sentenced to criminal punishment twice due to a drunk driving.

On August 30, 2020, around 02:25, the Defendant driven a e-sports car in the state of alcohol of about 0.186% of the blood alcohol concentration from around 6km to the front road located in the Nam-gu Busan Metropolitan City B market.

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are divided, and the defendant's name, character and conduct, environment, motive and background of the crime, the circumstances leading to the crime in this case, the degree of blood alcohol level at the time of the crime, and the previous conviction and the date of the crime, etc. are considered as follows.