beta
(영문) 울산지방법원 2019.09.26 2019고단2359

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

[criminal power] On July 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Ulsan District Court on July 2, 2009, and on July 22, 2015, the same court received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act.

【Criminal Facts】

On June 17, 2019, at around 22:50, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 500 meters from the roads near C bank located in Ulsan-gu B to the roads near the E-middle School located in the same Gu D to the roads near the E-middle School located in the same Gu.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached records);

1. Article 44 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Article 62 (1) of the Criminal Act (i.e., reflectrs in the suspension of execution and the fact that no accident has occurred and that there is no criminal record exceeding a fine);

1. Social service order under Article 62-2 of the Criminal Act;