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(영문) 부산지방법원 2019.10.22 2019고단1000

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 became final and conclusive.

Reasons

Punishment of the crime

1. On October 29, 2018, the Defendant, at around 21:28, driven a BM5 vehicle under the influence of alcohol level of 0.186% from the 1km section of approximately 1km to the point from 43.3km to the point from 44.3km in the direction of the mountain of the Busan Highway in the vicinity of 1263 to the point from 1263m in Ulsan-gun, Ulsan-gun, Ulsan-do.

2. On October 30, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) around 00:10 on October 30, 2018, the Defendant driven BM5 car under the influence of alcohol with approximately 0.123% of alcohol concentration on the section of about 200km from the road in front of the Busan-gun Seoul Metropolitan City Mayor to the center for the upstream line in the Central Highway located in the Y-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of each host driver;

1. Article 148-2 (2) 2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) and Article 44 (1) of the same Act (amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition by taking into account the following: (a) it appears that a new disease with reason for sentencing under Article 62(1) of the Criminal Act appears to have been committed contingently; and (b) it reflects his mistake; and