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(영문) 부산지방법원 동부지원 2020.06.17 2020고단8
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 January 29, 2014, the Defendant was notified of a summary order of a fine of KRW 7 million as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) in the Busan District Court’s branch court’s branch court.

【Criminal Facts】

On December 15, 2019, the Defendant, while under the influence of alcohol of 0.110% on blood alcohol level around 06:10%, driven B-low-income car in the section of approximately 9km in the vicinity of “net lamps” located in the Busan Sea-Fag-gu Port in Busan Sea-Fag-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Photographs related to drinking driving;

1. Previous records: The application of criminal records, inquiry 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant, and the defendant did not cause any other accident due to driving under the influence of alcohol in this case, support for his wife and her son under the age of 2 after the separation of his her wife, the defendant suffers from brain color, and other circumstances revealed in the records and arguments of this case shall be determined as ordered by the order, comprehensively taking into account the following factors.

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