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(영문) 부산지방법원 동부지원 2020.04.29 2019고단2251
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 May 17, 2016, the defendant is a person with the power of being notified of a summary order of a fine of two million won for violating the Road Traffic Act in the Busan District Court's branch court of Dong on May 17, 201.

At around 02:00 on August 18, 2019, the Defendant driven a PBelgium car at approximately 1km from the Do in front of the main store in the vicinity of the luminous East East-dong, Busan, to the front of the apartment parking lot B in the same Gu, while under the influence of alcohol by 0.242%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the circumstantial statement of a drinking-driving driver, the inquiry into the results of the control of drinking-driving (7 No. 201), the return on the request for appraisal, the return on the request for appraisal, the report on investigation (collection of blood): Telephone recording: Telephone recording, and the investigation report (to record the blood alcohol concentration and the distance of driving);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, probationary records, records of the control of drinking driving, records of the control of drinking driving, previous records of disposition, results of confirmation, and reporting;

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. An order of education under Article 62-2 of the Criminal Act has the same kind of power once the reason for sentencing, and the blood alcohol concentration at the time of drunk driving is considerably high by 0.242%.

However, in consideration of the fact that the defendant repents and reflects the wrongness, the traffic accident occurred due to the drinking driving of this case, and other circumstances revealed in the records and arguments of this case, the punishment shall be determined as per the order.

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