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(영문) 부산지방법원동부지원 2020.09.16 2020고단705

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 April 24, 2015, the Defendant was notified of a summary order of a fine of 1.5 million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on April 24, 2015. On May 14, 2020, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for the crime of injury, and the said judgment became final and conclusive on the 22th of the

【Criminal Facts】

At around 01:50 on July 23, 2018, the Defendant driven approximately 300 meters Gaba car from the front side of Busan Shipping Daegu to the front side of the C building D, while under the influence of alcohol 0.181% of alcohol level.

Accordingly, the defendant was under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement of the driver, the investigation report of the detection of the driver, the investigation report of the driver, the investigation report (in response to the request for appraisal), and the investigation report (in relation to attachment of the black stuff image);

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statement, criminal history records, and investigation reports (report on confirmation of the suspect's past records);

1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) that applies to the relevant criminal facts and the choice of punishment;

1. The latter part of Article 37 of the Criminal Act, the latter part of Article 39 (1) of the Criminal Act, and Article 55 (1) 3 of the Criminal Act to legally mitigated for concurrent crimes following the treatment of concurrent crimes;

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

1. Although the sentencing of Article 62-2 of the Criminal Code of the Order to Attend the lecture had the same kind of records as the sentencing, the driving of the instant case was conducted under drinking, and the drinking water level is high

Furthermore, traffic accidents have caused.

However, considering the fact that the defendant reflects, there are no records of the same kind other than the fine in the judgment, the previous records of the judgment that became final and conclusive, and the equality in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the distance of drinking driving, and all other circumstances revealed in the records and arguments of this case, it is ordered as a whole.