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(영문) 부산지방법원 2020.01.08 2019고단5545
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 became final and conclusive.

Reasons

Punishment of the crime

On October 4, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on November 28, 2007, a summary order of KRW 4 million for the same crime at the same court.

On November 05, 2019, the Defendant driven around 0.076% of blood alcohol concentration from November 205, 2019, the Defendant driven around 200 meters of approximately 00 meters from the Geum-gu, Busan to the front line from the Geum-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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