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(영문) 부산지방법원 2020.06.17 2020고단829
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 record] On October 4, 2016, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On February 10, 2020, at around 02:58, the Defendant driven a DNA car in the state of alcohol with approximately 2.5 km alcohol concentration of about 0.170% in the section of approximately 2.5 km from the road near the Suwon-gu, Busan to the Cmatet in the Cmatet in Busan-gu B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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