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(영문) 울산지방법원 2019.09.20 2019고단372

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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 February 25, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on February 25, 2014, and a summary order of KRW 2 million for the same crime at the Ulsan District Court on December 11, 2015.

On January 6, 2018, at around 00:44, the Defendant driven a e-manufactured car with a blood alcohol concentration of about 0.184% at the section of about 1k from Ulsandong-gu B to the front day of the bathing bath in C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes by making inquiries about the results of crackdown on drinking driving, the circumstantial statement of a drinking driver (the previous record on the market), and making inquiries;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

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. shall be determined as the same as the order, in consideration of various sentencing factors, such as the accused's confession of the crime of this case, blood alcohol concentration and driving distance, his age, environment and conditions after the crime;