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(영문) 부산지방법원 2019.07.10 2019고단2142

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 January 23, 2007, the defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court, and on February 22, 2008, a summary order of one million won is issued as a fine from the Busan District Court's Dong Branch for the same crime.

【Criminal Facts】

At around 05:20 on May 19, 2019, the Defendant, as seen above, driven a B B-cr cruise car in the state of alcohol with approximately 4km from around May 4, 2019 to the front road of Man-Nam-gu, Busan, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S. and U.S., U.S., U.S., U.S., U.S., U.S.,

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records, etc. and the application of double-entry Acts and subordinate statutes of two copies of a summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;