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(영문) 부산지방법원 2020.01.13 2019고단5396
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 July 20, 2006, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on January 23, 2015, from the Busan District Court's Dong Branch, to a fine of KRW 5 million.

【Criminal Facts】

At around 12:20 on October 19, 2019, the Defendant driven an E-A-purd-purd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drinking drivers, report on the circumstantial statement of drinking drivers, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (hereinafter “the grounds for imprisonment”)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had a past record of two times criminal punishment due to drinking driving, it is necessary to take a strict measure against the defendant again committing the crime. However, it is necessary to impose the sentence as ordered in consideration of the defendant's age and economic situation, including the record of drinking driving in the judgment, that the defendant has no record of criminal punishment except for the punishment sentenced four times by a fine, including the record of drinking driving in the judgment.

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