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(영문) 부산지방법원 2020.07.22 2020고단1998

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

[Criminal Power] On May 21, 2014, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】

At around 21:35 on May 19, 2020, the Defendant driven a Dminc-miner car at a section of about 4 km from the head of the Sim-dong in Busan to the Crdro in the Gu of Busan, under the influence of alcohol concentration of 0.050%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act shall be determined as ordered in consideration of the motive, background, odometer, blood alcohol concentration, penalty records, the age, character and conduct, environment, and circumstances after the crime;