beta
(영문) 울산지방법원 2020.04.24 2019고단4028

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 July 5, 201, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 23:20 on October 11, 2019, the Defendant driven a B-low-income vehicle while under the influence of alcohol of about 0.152% of alcohol content at the section of approximately 0.5km from the front of the 849 Yangsan Kandong to the roads above the Young-dong located in the same Si-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, the statement on the circumstances of drinking drivers [the previous record] criminal records, etc., and the application of a summary order under statutes;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the records that the defendant has been punished twice for the same crime, but confessions the crime of this case and repents the wrong facts, and there is no record of punishment exceeding the fine, and other various sentencing factors, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., shall be determined as ordered by the order.