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(영문) 부산지방법원 서부지원 2020.05.14 2019고단2088
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 June 24, 2013, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 22, 2019, at around 23:34, the Defendant driven a DNA ball vehicle in the state of alcohol alcohol concentration of approximately 0.222% from the 10km section to the front road of the C bus stops located in Gangseo-gu Busan Metropolitan City, Seocheon-gu, Busan Metropolitan City to the roads in front of the Busan Metropolitan City bus stops.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Written appraisal of blood alcohol and notification of the control of drinking driving (No. 10 No. 500);

1. On-site photographs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to be a crime that the defendant had a record of punishment for drunk driving, even though he/she had a record of driving under influence of alcohol.

At the time of driving, the blood alcohol concentration of the defendant is very high.

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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