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(영문) 울산지방법원 2020.06.17 2019고단4869

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2019 Highest 4869] On February 6, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court, on June 3, 2014, to a fine of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court on June 3, 2014, and on July 6, 2017, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

At around 12:50 on September 23, 2019, the Defendant driven a D low-speed car from the B-dong apartment C-dong apartment parking lot to the front road of the commercial building in the apartment complex from approximately 150 meters, with a blood alcohol concentration of about 0.260% under the influence of alcohol.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

[2019 Highest 5051] On February 6, 2007, the Defendant was sentenced to a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Busan District Court; on June 3, 2014, to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court; on July 6, 2017, the Defendant was sentenced to a suspended sentence of two years.

On November 14, 2019, around 09:32, the Defendant driven a DNA high-speed car with approximately 100 meters alcohol concentration of 0.215% under the influence of alcohol in the B apartment underground parking lot in Yangsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

[2019 Highest 4869]

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Five copies of the statement on criminal records, etc. inquiry report, investigation report (pre-verification), court rulings, and summary order (2019 altitude5051);

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. The application of three copies of the Act and subordinate statutes in total, such as criminal history records, investigation reports, written judgments, and summary orders;