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(영문) 부산지방법원 2019.07.24 2019고단1291

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2007, the defendant was issued a summary order of 1,50,000 won by a fine for a violation of the Road Traffic Act at the Busan District Court on February 21, 2007, and on December 26, 2007, he was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act at the Busan District Court on December 26, 2007.

Although the Defendant had been punished twice or more as above, on March 22, 2019, around 21:45, the Defendant driven a DSS7 car, which is owned by the Defendant, under the influence of alcohol of about 0.073% in a section of about 300 meters from the roads adjacent to the Busan B market to the roads adjacent to the Busan B market.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

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

1. Relevant Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was under suspended sentence after having escaped from an accident while drunk driving, that the period of punishment for drunk driving is 2007 and that the blood alcohol concentration level is considered, and the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions for sentencing, such as the circumstances surrounding the crime, shall be determined as per the disposition.