(영문) 부산지방법원 2020.04.06 2019고단6223

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2020.04.06 2019고단6223

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 of the final judgment.

Reasons

Punishment of the crime

On November 27, 2015, the defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in Busan District Court's branch court's branch court's order on November 27, 2015

On November 25, 2019, the Defendant, while under the influence of alcohol of 0.156 percent of blood alcohol concentration at around 07:05 on November 25, 2019, committed a violation of the prohibition on drinking driving by driving a DNA car-free vehicle owned by the Defendant from the front of the Busan Jin-gu B to the front of the same Gu C at approximately 1km.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Statement of a report on the situation of running a motor vehicle under the influence of alcohol;

1. Consent to blood collection and written confirmation;

1. Statement of the report on the request for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes recorded in reference to criminal records;

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. The probation and community service order shall be sentenced to a suspended sentence added to probation and community service order, taking into account the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order has three times of punishment, including the fact that two times of punishment for the same kind of crime is included, and the blood alcohol concentration is considerably high by 0.156%: Provided, That the probation and community service order shall be sentenced to a suspended sentence, taking into account the fact that the defendant has been punished as a fine and has no record of being punished as a suspended sentence,

참조조문

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