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(영문) 부산지방법원서부지원 2020.11.13 2020고단1164

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

[M] On December 22, 2017, the Defendant was issued a summary order of KRW 1,500,000 by Busan District Court to a fine for a violation of the Road Traffic Act.

[M] On May 1, 2020, at least 22:30 on May 1, 2020, the Defendant driven a motor vehicle from the front of a restaurant in the mutual unfluent city of Busan, to the front of the B market in the same Gu, with a blood alcohol concentration of about 0.080%, while under the influence of alcohol, and violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver made once as a result of the crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of criminal records of the same kind, and application of Acts and subordinate statutes of one copy of a summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the background leading up to the instant crime, the blood alcohol concentration level at the time of committing the instant crime, driving distance, driving records, the Defendant’s age, character and conduct, motive, circumstances, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after committing the crime, etc., and the sentence as ordered.