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(영문) 부산지방법원 동부지원 2020.04.09 2020고단82

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 August 16, 2018, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Branch Branch Branch Support.

【Criminal Facts】

The defendant is a person who is engaged in driving a car in a SP area B.

Around 01:29 on January 3, 2020, the Defendant driven a B SP car at a section of about 1 km from the vicinity of the D sales outlet, Busan, and the F cafeteria in E, while under the influence of alcohol with a blood alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was not lower at the time of the instant case is disadvantageous to the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is against himself and the person who is the defendant's wife desires, and there is no record of criminal punishment other than the defendant's previous conviction; the defendant's age, character, character, environment, motive or circumstance of the crime, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, etc., and all the conditions of sentencing as shown in the records