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(영문) 부산지방법원서부지원 2020.10.16 2020고단920

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 March 5, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

around 22:03 on March 22, 2020, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.270% in the section of approximately 100 meters from the 100-meter to the Dogra road located in Busan Shodong-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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.