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(영문) 부산지방법원 동부지원 2019.09.26 2019고단1408

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 April 11, 2019, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act in the Western Branch of Busan District Court.

On July 18, 2019, at around 01:55, the Defendant driven a C car while under the influence of alcohol 0.193% alcohol level, in the direction of the 2km in front of the luminous Station located in the same Gu and Dong, in the vicinity of the Busan Maritime Transport Daegu B building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and written appraisal of blood alcohol;

1. The application of Acts and subordinate statutes to references to criminal records and investigation reports (verification of the same kind of records);

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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is not good, and disadvantageous circumstances, such as the fact that the defendant is against his or her personality and behavior, environment, means and results of the crime, circumstances after the crime was committed and economic conditions, etc., which are favorable circumstances, such as the defendant's age, character and behavior, environment, means and results of the crime, shall be determined as ordered by taking comprehensive account of various sentencing