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(영문) 부산지방법원 2019.02.20 2018고단5518

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 6, 2007, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Busan District Court on March 12, 2008, a summary order of two million won by the same court on March 12, 2008, and a summary order of seven million won by the same court on December 8, 2015, respectively.

On November 24, 2018, at around 23:40, the Defendant driven a Fbenz car, owned by the Defendant, under the influence of alcohol concentration of approximately 0.05% from the section of approximately 500 meters from the front of the C Hospital located in the Busan Young-gu B to the front of the E-Road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation takes into account the fact that the defendant committed the instant crime once again despite having been punished three times due to drunk driving. It is so decided as per Disposition by taking into account all the circumstances such as the Defendant’s age, character and behavior, character and environment, motive and circumstance of the instant crime, and circumstances after the commission of the crime.