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(영문) 부산지방법원 2019.10.28 2019고단4223
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 March 22, 2010, the Defendant was issued a summary order of KRW 1,50,000 by Busan District Court as a crime of violation of the Road Traffic Act.

On August 4, 2019, at around 21:36, the Defendant driven a clance car while under the influence of alcohol with approximately 0.186% alcohol concentration from the 1km section to the Busan Gangseo-gu road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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