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(영문) 부산지방법원 서부지원 2020.04.02 2019고단1949
도로교통법위반(음주운전)등
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 August 2, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch.

【Criminal Facts】

On August 10, 2019, at around 01:10, the Defendant, without obtaining a driver’s license under the influence of alcohol with a blood alcohol level of 0.104%, driven a 2 km-learning car from the front day of the C cafeteria located in B of Busan, to the front day of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 of the Social Service Order Criminal Act is that the Defendant was punished as a drunk driving and the driver’s license was revoked, but it is not good that the Defendant had a drunk driving in an unlicensed state.

The defendant recognizes his own crime.

The defendant has no power to be punished heavier than a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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