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(영문) 부산지방법원 2020.01.09 2019고단5444
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 September 4, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 7, 2019, at around 22:58, the Defendant driven B Poter 2 in the state of alcohol concentration of approximately 0.052% from the pre-road of the mutual influence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluor fluor fluor fluor fluor fluor, Busan

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of the Act and subordinate statutes such as criminal records, etc., such as inquiry reports and investigation reports;

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

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of being punished for drunk driving, it is necessary to take a strict measure against the crime committed again. However, it is necessary to impose the sentence as ordered in consideration of the defendant's age, occupation, and criminal records, etc.

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