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(영문) 부산지방법원 서부지원 2019.11.28 2019고단1625
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

On June 10, 2009, the defendant was sentenced to a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court.

On July 09, 2019, at around 06:44, the Defendant driven a Bro vehicle with approximately one kilometer from D to the front of the F Hospital located in Seo-gu, Busan, Busan, while under the influence of alcohol of 0.131% of alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) reflects the defendant's mistake in depth, it is said that the defendant will not drive a drinking again in the future, and there is no record of punishment for two times or more as a result of

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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