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(영문) 부산지방법원동부지원 2020.12.11 2020고단2024

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 4, 2006, the defendant was issued a summary order of 2 million won for a violation of the Road Traffic Act at the Busan District Court on July 4, 2006, and on August 22, 2006, the defendant was issued a fine of 3 million won for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court's summary order of 3 million won for a violation of the Road Traffic Act, and is a person

【Criminal Facts】

On July 31, 2020, the Defendant driven a 0.147% alcohol concentration at around 21:40, while under the influence of alcohol, from approximately 150 meters at a distance of approximately 124cc from the Busan Southern-gu B office to the front road of the same Gu C Hospital.

As a result, the Defendant driven a motorcycle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was high at the time of the instant case is disadvantageous to the defendant.

However, the fact that the defendant did not repeat the crime because he reflects the mistake, the distance of the defendant's drunk driving is short, the considerable period of time has elapsed since the defendant was punished for his drunk driving before the judgment, and the crime of this case has been committed, and the defendant's age, character, character, environment, motive or circumstance of the crime, means and method of the crime, details and result of the crime, etc. are considered as the order.