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(영문) 부산지방법원서부지원 2020.10.23 2020고단1017

도로교통법위반(음주운전)

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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 November 26, 2007, the defendant was issued a summary order of 1.5 million won by the Busan District Court for a violation of the Road Traffic Act (Musking).

【Criminal Facts】

On April 16, 2020, the Defendant driven a dump without a license plate in the state of alcohol alcohol concentration of 0.157% from the section from the road near the Busan Northern District B market to the front road of the Busan Seo-gu C apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, and the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the background leading up to the instant crime, the blood alcohol concentration level at the time of committing the instant crime, driving distance, driving records, the Defendant’s age, character and conduct, motive, circumstances, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after committing the crime, etc., and the sentence as ordered.