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(영문) 부산지방법원동부지원 2020.12.24 2020고단1593

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 July 1, 2020, at around 00:50, the Defendant driven a new-burk XD car with approximately 300 meters alcohol level 0.217% under the influence of alcohol level 0.217% from the front of the Busan Coast Guard Station located in the Busan Coast Daegu Do, Busan, to the front of the 2-dong community service center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the examination results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and photographs of the control site;

1. Relevant Article of the Act and Articles 148-3 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) the motive and circumstances of the instant crime; and (d) the means and consequence of the instant crime;

The favorable sentencing condition: The defendant's blood alcohol concentration is considerably high at the time, except that the defendant's crime of this case is recognized and reflected, and a fine is imposed once on the crime of this type in around 1985, and there is no record of criminal punishment: