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(영문) 울산지방법원 2020.11.04 2020고단3290

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 June 10, 2013, the Defendant was issued a summary order of 500,000 won by the Ulsan District Court for a violation of the Road Traffic Act.

On June 5, 2020, at around 22:45, the Defendant driven a Blater passenger car while under the influence of alcohol with approximately 0.107% alcohol concentration at the section of approximately 1.5 kilometers from the docheon-dong, Ulsan-gu to the dong consular distance of the same month.

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

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, inquiry report, confirmation of records of drunk driving, and summary order;

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 grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished four times due to a drunk driving, but he/she is more favorable to the driving of the instant case: The defendant is against the defendant.