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(영문) 부산지방법원 2020.01.17 2019고단5827
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 February 22, 2007, the Defendant issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Busan District Court's Dong branch branch court on September 27, 2007, a summary order of KRW 3 million for the same crime in the same court on September 27, 2007, and a summary order of KRW 3 million for the same crime in the same court on May 30, 201, respectively.

At around 01:20 on October 26, 2019, the Defendant driven a f bargaining car with approximately 50 meters of 0.2% alcohol level from the front of the “Cisung Party” located in the Geum-gu Busan Metropolitan Government B to the front of the “E” restaurant located in D.

Accordingly, although the Defendant had a drinking driving force more than once, he again driven a car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of Acts and subordinate statutes to criminal records, repeated statements and a copy of summary order attached thereto;

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 reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant again committed the instant crime even though he/she had the record of being punished for the same kind of crime, taking into comprehensive account the following factors such as the defendant's blood alcohol density, the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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