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(영문) 부산지방법원 2019.11.21 2019고단4561
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 December 11, 2008, the Defendant was issued a summary order of KRW 700,000 by the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 2, 2019, the Defendant, who was punished for drunk driving, was driving a B B B B B B B B-L car in the state of alcohol alcohol leveling 0.069% from around 8km section from the nearest road where it is impossible to find out the location of the Nam-gu Busan Metropolitan City, and up to the 17-ro, Busan Dong-gu, Incheon, Incheon, the Incheon, the 200-ro, the 17-ro, the 200-ro, the 17-ro, the 200-ro, the

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Details of management of the report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, the report on the circumstantial statements of the drinking driver, the investigation report (report on the circumstances of the drinking driver), and the report on the driving under the influence

1. Records before judgment: Criminal records, etc., inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes governing a summary order;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for the suspended sentence") is that the defendant committed again the crime even though he had the record of criminal punishment due to drinking driving, it is necessary to take a serious measure. However, the defendant led to his confession of the crime and repents his mistake, the defendant is not a letter of high blood alcohol concentration at the time of committing the crime, and there is no criminal punishment except for the violation of the Road Traffic Act as stated in the judgment, and the defendant's age, economic situation, etc. are taken into account.

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