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(영문) 부산지방법원 2019.10.02 2019고단3510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2009, the defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act.

On July 19, 2019, at around 05:50 on July 19, 2019, the Defendant, who was punished for drunk driving, driven Bunstun Motor Vehicle, owned by the Defendant, under the influence of alcohol of approximately 1.32 km from the front of the Busan Citizen Park located in 195-1, Busan Seo-dong, Busan, to the front of the 1st Public Security Center located in 48 in the 195-1, Busan, Seoyang-gu, Busan, to the front of the 1st public security center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. It is so decided as per Disposition by taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration in the instant case was fined due to drunk driving in 2009; and (c) the Defendant’s age, character and conduct, environment, motive and background of the offense; and (d) the circumstances after the commission of the offense.

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