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(영문) 울산지방법원 2020.05.07 2019고단4822

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 September 19, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on March 14, 201, issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Busan District Court. < Amended by Act No. 1054, Mar. 14, 2011>

On November 6, 2019, at around 21:00, the Defendant driven a DNA-type car under the influence of alcohol by 0.164% in a section of approximately 1.4m of blood alcohol level from around the same 21.4m to the charge station of the same Gu-based ccafeteria in Ulsan-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to the investigation report (same-class power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice 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 fact that there is a record of being sentenced to three times a fine due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that there is a high drinking value, the fact that there is a family member to provide support, such as young children, etc. who are living in the workplace and have committed a crime, the fact that the crime is seriously divided and the drinking driving is practicing, the background of drinking