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(영문) 부산지방법원 2019.10.23 2019고단3050
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On June 29, 2010, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On June 30, 2019, the Defendant, who was punished for drunk driving as above, driven a DSS5 car, which is owned by the Defendant, in the state of drunk alcohol concentration of approximately 0.182% from the section of approximately 200 meters to the road adjacent to the Busan Dong-gu, Busan to the road prior to the Busan Dong-gu, Busan, around 22:41.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the results of the crackdown on drinking driving (Control Date: June 30, 2019);

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was punished by a fine due to drunk driving in 2010, and that the Defendant was in a state of debrising to the extent that he was out of sleep as long as driving was commenced. In addition, considering the Defendant’s age, character and behavior, environment, motive and circumstance of the offense, and circumstances that conditions for sentencing, such as the circumstances after the commission of the offense, it is decided

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