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(영문) 부산지방법원 2019.10.22 2019고단3726
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 became final and conclusive.

Reasons

Punishment of the crime

On September 13, 2007, 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 September 13, 2007, and on October 22, 2009, the Busan District Court issued a summary order of KRW 1.5 million to a fine for the same crime.

On August 10, 2019, at around 04:45, the Defendant, who was punished for drunk driving, driven a C-wing and high-speed freight vehicle with approximately 1.5m alcohol concentration of about 0.078% under the influence of alcohol level 0.078% from the front of the Busan Eastdong-gu B apartment on the road of the Busan F-gu to the front of the 1810 square, as the center of the Geum-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. It is so decided as per Disposition in full view of the following: (a) there is no fact of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) his/her mistake is against himself/herself; (c) motive and background of the crime; and (d) blood alcohol

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