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(영문) 부산지방법원 2019.10.23 2019고단3074

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 of the final judgment.

Reasons

Punishment of the crime

On January 31, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court.

On July 2, 2019, the Defendant, who was punished for drunk driving, driven B 171.2CC, which was owned by the Defendant under the influence of alcohol content 0.062% from the front of the community service center located in Seo-gu, Busan to the front of the 87, Seo-gu, Busan to the 119 Safety Center located in the 286-gu, Seo-gu, Busan to the front of the 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201; Supreme Court Decision 201Do148, Apr

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;