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(영문) 부산지방법원 2019.10.18 2019고단3515 (1)

도로교통법위반(음주운전)

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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 November 28, 2007, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,000,000 as a crime of violation of the Road Traffic Act, and on January 21, 2008, from the Busan District Court to the Dong branch of the Dong branch of the Busan District Court, a summary order of KRW 3 million was issued.

On July 22, 2019, the Defendant, who was punished for drunk driving, driven a CPoter 2 truck, which is owned by the Defendant, in the state of alcohol alcohol concentration of approximately 0.091% from the section of about 15km from the 22:05, around the north-gu, Busan to the front side of the exit of the Jeonpo subway Station No. 3, located in the Busan Manpo-dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. One written appraisal and the inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of two copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against his/her will and that he/she has no criminal records exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act regarding community service order;