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(영문) 부산지방법원 2021.03.03 2020고단4590

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On May 22, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act (dacting driving).

[2] Nevertheless, on September 9, 2020, the Defendant driven a Dsan PP car under the influence of alcohol content of about 0.119% from the 2km section of approximately 2km to the Busan Jin-gu, Busan, and the front road, around 05:22 on September 9, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are as follows: (a) the degree of alcohol content during blood transfusion at the time of the instant crime; (b) mileage; (c) the relationship before and after the instant crime; and (d) the Defendant’s age, sex, environment, and circumstances after the instant crime are considered.