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(영문) 울산지방법원 2020.10.23 2020고단1815

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 1, 2014, 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】

On April 17, 2020, at around 22:10, the Defendant driven a D Ecoo vehicle with approximately 200 meters water from the front day of the frequency of the trade uncertainty in Ulsan-dong to the front day of the “C Hospital” in the same Gu’s “C Hospital” in the same Gu’s Gu, while under the influence of alcohol content of about 0.090%.

Accordingly, the defendant violated Article 44 (1) or (2) 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 drunk driving, the report on the circumstantial statement of a drunk driver [the previous conviction] criminal records, and the application of investigation reports (the confirmation of the previous conviction of the same kind of drunk driving) to 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime. However, the confession of the crime of this case has been made and the mistake has been divided as well as there has been no record of punishment exceeding the fine, and the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime have been taken into account and other various sentencing factors, such as the defendant's age, age, environment, blood alcohol concentration and driving distance.