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(영문) 부산지방법원 동부지원 2020.02.05 2019고단2168
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 became final and conclusive.

Reasons

Punishment of the crime

On July 14, 2010, the Defendant is a person who has a record of drinking driving, such as receiving a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on July 14, 2010.

On November 10, 2019, at around 23:45, the Defendant driven an E-A-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accidents in F and G (traffic accidents);

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. A traffic accident report (1) (2);

1. Photographs of the accident vehicle or photograph of the damaged vehicle;

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

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of one copy of a summary order;

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. The sentence of Article 62(1) of the Act on the Suspension of Execution has long been committed, but the sentence shall be determined as stated in the text in light of the following: (a) one time for drunk driving in 2003; (b) two times for drunk driving in 2005; and (c) one time for drunk driving in 2010; (d) the degree of blood alcohol concentration is high; (b) the Defendant’s mistake is against himself/herself; (c) the Defendant’s mistake is against himself/herself; (d) there are circumstances to take into account the circumstances of drunk driving as he/she is driving for contact with a substitute driver; and (e) the accident is a minor contact with a substitute driver; and (e) the enforcement of the sentence shall be suspended.

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