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(영문) 울산지방법원 2020.02.06 2019고단3886

도로교통법위반(음주운전)

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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 June 20, 2007, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Ulsan District Court, and a summary order of KRW 5 million for the same crime in the same court on October 27, 2016, respectively.

【Criminal Facts” around 06:50 on August 22, 2019, the Defendant driven Fmer truck truck trucking vehicle under the influence of alcohol 0.084% at the section of approximately 1k alcohol concentration from the C parking lot located in the North-gu, Ulsan Metropolitan City, Northern-si, to the front road located in the North-gu, Ulsan Metropolitan City.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (Attachment of the same criminal records) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that a drinking driving is done again despite the record of punishment due to Defendant's drinking, driving, traffic accident, etc.

On the other hand, the sentencing conditions stated in the records, such as the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., shall be determined by taking into account the following factors: the execution of the sentence shall be suspended, and community service and order to attend lecture shall be issued.