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(영문) 부산지방법원 2019.10.25 2019고단4277

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

On October 22, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on April 10, 2015, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime from the Busan District Court's Dong Branch.

On September 9, 2019, the Defendant, despite the power of violating the prohibition of drunk driving as above, driven a car at approximately 200 meters away from the streets front of the gravel horse in the Dong-dong, Busan Metropolitan City, to the front street in the Taedae Park Park in the same Dong-dong, with a blood alcohol concentration of at least 0.045% under the influence of alcohol level of at least 0.045%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation reports;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2(1) of the Criminal Act committed again the instant crime despite the fact that the Defendant had been punished for the same kind of crime; the Defendant’s blood alcohol density; the Defendant has no criminal record exceeding the fine; the Defendant has no criminal record; and other various conditions of sentencing indicated in the public trial, such as the Defendant’s age, character, conduct and environment, shall be determined as ordered by a comprehensive consideration.