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(영문) 부산지방법원 2019.09.27 2019고단3605

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

On April 26, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On August 2, 2019, at around 05:03, the Defendant, who was punished for drunk driving, driven a F-to-purd vehicle, which is owned by the Defendant, under the influence of alcohol 0.097% from the section of approximately 100 meters from the section of approximately 100 meters of alcohol level to the front road of the hospital located in Busan So-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous conviction: Application of a copy of summary order of 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for the same kind of crime, again committed the crime of this case. However, the defendant's mistake is against the defendant, and the defendant's age, character and conduct, environment, etc. are comprehensively considered, and the punishment is determined as ordered by the order.