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(영문) 부산지방법원 2020.12.11 2020고단4384
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 October 23, 2020, at around 00:11, the Defendant driven a DNA strawing car from the front side of the Busan citizens' hall located in 133 Doo-ro, Busan Metropolitan City, to the front side of the restaurant located in the Geum-gu, Busan, with approximately 10km alcohol concentration of about 0.216%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, statement made by the defendant, records of the control of drinking driving and the report on the circumstantial statements of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Determination of punishment as ordered by taking into account the reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Discretionary Mitigation of Article 53 and Article 55(1)3 of the Criminal Act, the blood alcohol concentration of the accused in the course of sentencing under Article 62-2 of the Social Service Order Act, and other various conditions of sentencing indicated in the public trial, such as the accused’s age, character and conduct

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