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(영문) 부산지방법원 2019.09.18 2019고단2957
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 October 5, 2012, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on October 5, 2012, and a summary order of KRW 5 million to a fine at the same court on May 31, 2013, respectively.

On June 22, 2019, the Defendant had been punished twice or more as above, but around 23:03, on the road near the Bridge Bridge in Busan, and up to the road front of the D Hospital located in Busan, the Defendant driven an E rocketing car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.150% from the section of about 200 meters around the D Hospital located in Busan Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. It is decided as ordered by taking into account the following circumstances: (a) the reason for sentencing under Article 62-2 of the Probation Criminal Act; (b) the degree of blood alcohol concentration in the instant case; and (c) the Defendant was punished by a fine twice due to drunk driving; and (d) the Defendant’s age, character and conduct, environment; (b) motive and circumstance of the offense; and (c) circumstances

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