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(영문) 부산지방법원 2020.05.22 2020고단130
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] The Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Changwon District Court on January 24, 2014.

【Criminal Facts】

At around 22:30 on December 19, 2019, the Defendant driven a motor vehicle with approximately KRW 20 meters from the front of the “C” road located in Busan Flue Zone B to D, while under the influence of alcohol content of 0.083% of alcohol content.

Accordingly, the defendant, even though he had a driving force once, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

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;

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