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(영문) 부산지방법원 동부지원 2020.04.09 2020고단131
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 August 23, 2007, the defendant was issued a summary order of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court's branch court's branch court's branch court's branch court's order on August 23, 2007.

【Criminal Facts】

On January 7, 2020, at around 05:55, the Defendant driven an Erocketing car in the state of alcohol alcohol concentration of about 0.113% from the 10km section to the front distance of the D apartment in Busan Shipping Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of the same force of the suspect;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was not lower at the time of the instant case is disadvantageous to the Defendant.

However, the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, etc., shall be determined as the same as the disposition, comprehensively considering the fact that the defendant is against his mistake, and that there is no penalty yet to be imposed on the defendant.

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