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(영문) 울산지방법원 2020.09.23 2020고단3016

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 December 1, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On June 26, 2020, at around 22:05, the Defendant driven C Costaex car with approximately four meters of alcohol level 0.045% while under the influence of alcohol level 0.045% from the her mother line parking lot to the road before the her mother line.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant has a record of drinking driving three times; the defendant does not cause any additional damage, such as traffic accidents, due to drinking driving in this case; the defendant does not cause any additional damage, such as blood alcohol concentration and alcohol level; the distance of drinking alcohol level, age, character and conduct, environment; motive, means and consequence of the crime; and the circumstances shown in the records after the crime, etc. shall be comprehensively taken into account;