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(영문) 울산지방법원 2019.09.26 2019고단2297

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 July 7, 2008, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on April 21, 2010, the Defendant received a summary order of KRW 2.5 million from the Busan District Court to a fine of KRW 2.5 million.

Although the Defendant had been punished twice or more as above, on May 24, 2019, at around 00:20, the Defendant driven the E New-Wn-Wn Vehicles from the front of the subway station of the C University in Gyeyang-si, Yangsan-si, to the front of the D in Yangsan-si, with approximately 1km alcohol concentration of about 0.161%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]

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

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

1. The sentencing of Article 62-2 of the Criminal Act requires that the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime should be taken into account, and the sentence of punishment as stated in the records should be determined, but the execution of the sentence will be suspended, and community service and lecture attendance order will be ordered.