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(영문) 부산지방법원서부지원 2020.11.03 2020고단1809
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three 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 1.5 million won at the Changwon District Court on September 8, 2009 by committing a violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2020: (a) around 23:15, the Defendant driven the E-E-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-C-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-S

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

Summary of Evidence

1. Investigation report on the accused's legal statement (report on the circumstances of the driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, 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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and Article 62-2 of the Social Service Order was that the Defendant had been punished for drunk driving even before, but again, committed the crime of drinking alcohol in this case. The Defendant’s blood alcohol concentration was very high at the time, and even under the influence of alcohol, the Defendant was able to cause an accident that causes the shock of the guard while driving another person’s vehicle parked as his own vehicle.

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, and the fact that the defendant has no specific criminal power other than the crime of the Road Traffic Act as stated in the judgment of the defendant is considered as favorable circumstances. In full view of the various circumstances shown in the arguments, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as

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