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(영문) 부산지방법원서부지원 2020.12.18 2020고단1654
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 November 10, 201, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Busan District Court's branch court's support on November 10, 201. On April 3, 201, the Defendant was issued a summary order of 3 million won for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's branch court.

【Criminal Facts】

On June 14, 2020, at around 22:13, the Defendant driven a Fpoter freight with approximately 1 Km section under the influence of alcohol concentration of about 0.075% from the roads near the office of “C” located in the Busan Sho-gu, Busan, to the front roads of E located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver made once as a result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, reply reports, and the application of statutes applicable to separate judgments;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the background leading up to the instant crime, the blood alcohol concentration level at the time of committing the instant crime, driving distance, driving records, the Defendant’s age, character and conduct, motive, circumstances, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after committing the crime, etc., and the sentence as ordered.

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