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(영문) 부산지방법원 동부지원 2019.08.21 2019고단944
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 23, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court and the Busan District Court's Branch on October 27, 2009, a summary order of KRW 700,000 for the crime of violation of the Road Traffic Act in the Busan District Court and the dong Branch of the Busan District Court on February 27, 2009 and has been punished two or more times for drinking driving.

On May 29, 2019, at around 21:03, the Defendant driven a fluent car with a blood alcohol concentration of about 0.092% from a 500-meter section from the front of the C cafeteria located in the Busan-gun, Busan-gun, to the Ematete-ray located in D.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on circumstantial statements, investigation reports, inquiry reports, inquiry reports on the results of the control of drinking driving, inquiry reports, and investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.

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