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(영문) 부산지방법원 2021.02.17 2020고단4998

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 August 30, 2017, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court.

On November 8, 2020, around 02:51, the Defendant driven a vehicle E Tbluri in the state of alcohol alcohol concentration of about 0.072% from the 1km section of approximately 1km to the front of the same Gu C apartment D unit in the vicinity of his residence located in Geum-gu, Busan.

Summary of Evidence

1. Inquiries into the defendant's legal statement drinking driving control results, CCTV images, and site photographs of the accident;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);