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(영문) 부산지방법원동부지원 2020.08.19 2020고단655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 May 29, 2012, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on May 29, 2012. However, around 02:0 on March 10, 2020, the Defendant driven a DNA window rolling stock with approximately KRW 0.171% of blood alcohol concentration in the section of about 300 meters from the street in front of the Busan Suwon-gu B market to the Cridge in Busan Young-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Notification of the results of crackdown on drunk driving, a report on the circumstances of a drinking driver, and an investigation report (report on the circumstances of a drinking driver);

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though there was a history of punishment for drunk driving, the defendant was engaged in drunk driving, and the accident causing physical damage was also causing, and the degree of driving is too serious.

Considering the criminal records of the defendant and the risk of drunk driving, the defendant should be punished strictly, but the defendant's wrong and reflects his/her attitude, and the sentencing conditions of the defendant's age, character and conduct, family relation, circumstances before and after the crime are considered, and all the kinds of sentencing conditions specified in the records and arguments shall be determined as ordered.

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