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(영문) 부산지방법원서부지원 2020.09.16 2020고단524

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

[Criminal Power] On January 2, 2012, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On February 27, 2020, at around 02:20, the Defendant driven the EM3 car under the influence of alcohol content 0.098% of alcohol content from the front of the city funeral road located in the Busan Seo-gu, Busan Seo-gu, to the front of the city funeral road located in the city funeral road in the city funeral.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (Attachment of criminal records and summary orders), and summary order Acts and subordinate statutes on the summary order before 2011;

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.