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(영문) 부산지방법원 2019.06.20 2019고단1240
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2019, at around 22:52, the Defendant driven an E Car under the influence of alcohol leveling 0.254% of alcohol level from the front road in the Busan Young-do, to the roads before the Busan Young-do, to approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Traffic accident reports, inspection reports, investigation reports, notification of the results of crackdown on drinking driving, application of field photographs to statutes;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The defendant is driving under the influence of alcohol, where the reason for sentencing under Article 62-2 of the Criminal Act is almost high.

It is necessary to take strict measures as to the payment of traffic accidents. However, considering the fact that the defendant confessions all the crimes and repents his mistake in depth, the fact that there is no record of criminal punishment except the punishment of a fine in 2003, and the age, occupation, etc. of the defendant, it is necessary to impose the sentence like the order.

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