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(영문) 부산지방법원 동부지원 2019.05.29 2019고단424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 January 4, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on January 4, 2008, and on March 17, 2010, the same court was sentenced to a suspended sentence of three years for a period of one year and six months for a violation of the Road Traffic Act.

At around 22:30 on February 18, 2019, the Defendant driven a D-wing vehicle from approximately 1 km to the “C” road located in the B from a cafeteria located in the Busan Shipping Daegu return Do, while under the influence of alcohol of 0.084% of blood alcohol level.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the results of the control of drinking driving, the report on the state of drinking drivers, the investigation report (report on the circumstances of drinking drivers), the investigation report (verification of records of drinking driving), and the inquiry into criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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