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(영문) 부산지방법원동부지원 2020.09.16 2020고단761
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 April 24, 2012, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court's branch court's branch court's branch court's order on April 24, 2012, and was more than twice before and after drinking.

【Criminal Facts】

Around 08:25 on February 18, 2020, the Defendant driven a D-soft-coon car from around 1km distance to the front road of Busan-gun apartment, Busan-gun, to the front road of Busan-gun apartment, while under the influence of alcohol content of 0.068%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the status of driving under driving under the influence of alcohol);

1. Previous records before ruling: Application of criminal records, investigation reports, and criminal records, investigation reports (verification of criminal records of sound driving);

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, was also a drunk driving, and the accident was also caused in the process.

Considering the criminal records of the defendant and the risk of drunk driving, the defendant should be punished strictly. However, considering the fact that the defendant seems to drink prior to the crime, the fact that the defendant's mistake is recognized and reflected, and all the sentencing conditions of the defendant's age, character and conduct, family relationship, circumstances before and after the crime, etc. as well as the sentencing conditions specified in the records and arguments shall be determined as ordered.

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