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(영문) 부산지방법원 2020.11.18 2020고단3852
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

[Criminal Power] On April 23, 2014, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court’s branch court’s branch court.

【Criminal Facts】

On December 22:18, 2020, the Defendant driven B Poter Cargo Vehicles with approximately KRW 2 km from the front line of “D” located in Suwon-gu, Busan to the front line of the Busan B B, while under the influence of alcohol 0.110% in blood alcohol concentration.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records, seizure lists, national and veterinary appraisal reports, and inquiry into the results of the control of drunk driving (record 21 pages);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report on confirmation of the records of major kinds of crimes A by a suspect), and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 Act is that the degree of blood alcohol content, odometer, previous offense, and other punishment as ordered shall be determined in consideration of the Defendant’s age, character and conduct, environment, and circumstances after the offense in this case;

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