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(영문) 부산지방법원 동부지원 2020.07.22 2020고단287
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

[criminal power] On September 23, 2016, the Defendant is a person who has a record of drinking alcohol, such as receiving a summary order of a fine of two million won for violating the Road Traffic Act (driving) from the Busan District Court’s branch branch branch on September 23, 2016.

【Criminal Facts】

At around 22:40 on January 14, 2020, the Defendant driven a e-car at a section of approximately 200 meters from the D Middle School located in Busan Shipping Daegu to C, while under the influence of alcohol content of 0.181%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, even though the number of drinking alcohol is considerably high, the punishment as ordered shall be determined by comprehensively taking into account the following: (a) the circumstances leading up to the driving of drinking alcohol; (b) the circumstances leading up to the driving of drinking alcohol; (c) the absence of any of the same electric power, other than the fine, and no special criminal power; (d) the driving distance of drinking alcohol (as approximately 200 meters);

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