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(영문) 부산지방법원 2020.07.22 2020고단1956
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 June 16, 2014, the Defendant was issued a summary order of KRW 4 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 3, 2020, at around 00:35, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.154% under the influence of alcohol at approximately 200 meters in front of the road located in Busan Jin-gu, Busan, up to the road in front of the Esung Party located in the same Gu.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act, on-site photographs, and report on the circumstantial statement of the driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related 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 grounds for sentencing under Article 62-2 of the Criminal Act, details, odometer, blood alcohol concentration, penalty records, the age, character and conduct, environment and circumstances after the crime, etc. of the defendant shall be determined as ordered by the court in consideration of the reason for sentencing;

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