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(영문) 부산지방법원 2020.02.19 2019고단6226
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2018, the Defendant received a summary order of KRW 1,500,000 from the Busan District Court as a crime of violation of the Road Traffic Act.

On November 24, 2019, the Defendant, while under the influence of alcohol about 00:14% of alcohol concentration, driven a c. Skystex on the road located in Busan Jin-dong located in Busan Jin-dong from approximately 2.5km to the front road of Busan Jin-gu B apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) the Defendant was punished by a fine for drinking alcohol in 2018; and (b) the blood alcohol concentration level of the instant case is considered; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (d) the circumstances constituting the conditions for sentencing, such as circumstances after

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