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(영문) 부산지방법원 2021.01.13 2020고단4587
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

On November 28, 2007, the Defendant was issued a summary order of a fine not exceeding one million won by a violation of the Road Traffic Act at the Busan District Court.

On October 16, 2020, the Defendant driven C Poter truck at approximately 3 km from the road near a throughn-si B in front of the throughn-si, through the influence of alcohol content of 0.08% during blood transfusions at around 06:56, to the road front of a cell high-speed in the same city at the same time.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Examination of the defendant's legal records of crackdown on driving alcohol;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

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