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(영문) 부산지방법원 2019.04.26 2019고단550
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 December 18, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's port branch on August 16, 2010, and a fine of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court's port branch on August 16, 2010.

【Criminal Facts】

On January 28, 2019, at around 00:50, the Defendant had been punished for drunk driving twice or more as above, the Defendant driven a BNH car, which is owned by the Defendant, with approximately 200 meters alcohol concentration of approximately 0.075% in the section of 200 meters from the Jeonpo-dong, Busan, Jeonpo-dong, Busan to the front-dong, Jeonpo-dong, Jeonpo-dong, Busan to the front-dong, Jeonpo-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, taking into account the fact that the defendant again committed the instant crime even though he had the record of the four-time drinking-driving crime, it is necessary to severely punish the defendant.

However, the defendant recognized the crime of this case and divided his mistake, the defendant committed the crime of this case after a considerable period of time from the record of the crime of the above drunk driving, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and result of the crime, etc., shall be determined as ordered by taking into account the conditions of sentencing as stated in the arguments of this case,

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