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(영문) 울산지방법원 2020.05.13 2020고단78

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

On August 12, 2010, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on August 12, 201, and a fine of KRW 4 million by the same court on August 26, 2015, respectively.

On December 22, 2019, at around 09:08, the Defendant driven B vehicles with a blood alcohol concentration of about 7 km from the road in Ulsan-gu, Ulsan-gu to the road in front of the night-distance in Ulsan-gu, Ulsan-gu, the Defendant driven B vehicles under the influence of alcohol content of about 0.102%.

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. Report on the results of the control of drinking driving, report on the state of drinking drivers, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (a copy of judgment, etc.);

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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving three times; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense