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(영문) 부산지방법원 동부지원 2019.09.18 2019고단1049
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On October 25, 2006, the Defendant was punished twice by a fine of 1 million won for a violation of the Road Traffic Act at the Busan District Court on October 25, 2006, and a fine of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court's branch branch on September 30, 2014.

At around 05:50 on June 13, 2019, the Defendant driven a CMW car from approximately 1 km section to the front road of the ebanterter vector vector in the same Dong from the front of Busan Shipping Daegu B to the ebbtor vector in the same Dong, while under the influence of alcohol level of 0.131%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records before and after judgment: Application of criminal records, investigation reports (the previous records and attachment of judgment of the defendant), and respective Acts and subordinate statutes related to printing;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 Criminal Code of the Order to Attend a lecture in this case is that the defendant has a more drinking driving force than each other, even though the defendant had a driving force under the influence of alcohol, and the blood alcohol concentration cannot be deemed to be low, the defendant is selected to be sentenced to imprisonment in light of the following: the defendant's mistake is against himself; the defendant is under the influence of alcohol; the defendant's mistake is less than two times; the defendant is deemed to have been operated for a few hours after drinking; the defendant's age, character, character, environment, etc.; the defendant's term of punishment is set and the execution of the sentence shall be suspended, but the order to attend a lecture shall be imposed to raise awareness about drinking driving.

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