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(영문) 울산지방법원 2020.04.17 2019고단5098

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 March 5, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on March 14, 201.

On November 29, 2019, at around 21:13, the Defendant driven a FM7 car with approximately 200 meters alcohol concentration 0.112% while under the influence of alcohol at approximately 0.12% from the 200 meters away from the road near Ulsan-gu, Ulsan-gu, Seoul to the front road in D.

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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to the previous order and related summary orders);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant committed the crime of dry drinking driving again even though he had been punished for the previous two times of drinking driving, in light of the social harm and danger of drinking driving, and the possibility of criticism is considerable in light of the nature of the crime of dry drinking driving, and the degree of blood alcohol level is not low: The defendant's perception of his criminal act and reflects the wrongness; the distance of this driving is not long, and there is no dangerous situation, such as traffic accident, etc.; the defendant is punished for the crime of the previous drinking driving.