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(영문) 부산지방법원 2020.01.29 2019고단5322

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 November 25, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Changwon District Court’s Tong-gu branch on November 25, 2016.

【Criminal Facts】

At around 22:20 on October 14, 2019, the Defendant driven an Efluoring car from around 500 meters from the roads adjacent to the Busan East-gu C Elementary School to the roads adjacent to the same Gu D, while under the influence of alcohol by 0.133% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and summary order 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. Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. committed a second offense against the defendant with the reason of sentencing, and the blood alcohol level also exceeds 0.13%, in light of the circumstances where the defendant had a history of drinking alcohol, a sentence shall be determined as ordered by taking full account of all the circumstances favorable to the defendant, including the following: (a) the criminal defendant’s age, character and behavior, and environment, including the fact that there was no other criminal record, except for the previous and the previous criminal record of the drinking alcohol and the previous criminal record once; and (b) the fact that there was no accident in the course of driving