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(영문) 부산지방법원 동부지원 2020.01.08 2019고단1868
도로교통법위반(음주운전)
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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

On September 9, 2019, around 05:21, 2019, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 6 km from the front parking lot of the C cafeteria located in Busan Shipping Daegu to the Grand Nam-dong located in the Namcheon-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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 of Article 62-2 of the Criminal Act is that the defendant is the first offender who has no criminal record, and is against his mistake.

However, in light of the fact that the blood alcohol concentration level is very high, the distance of driving under the influence of alcohol is considerable, the Defendant was found to drive under the 112 Report while driving under the 112 Report, and the Defendant was extremely dangerous under the influence of drinking under the influence of alcohol, such as heavy snow and heavy rain at the time of detection, etc., imprisonment is selected within the scope of punishment with prison labor within the scope of discretionary mitigation. However, in addition to the favorable circumstances as seen above, its execution should be suspended in consideration of the Defendant’s age, character and behavior, environment, and circumstances leading to the driving under the influence of alcohol, etc., and the order to attend education should be imposed.

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