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(영문) 울산지방법원 2020.09.25 2020고단1623

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 May 2, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 30, 2020, at around 22:30, the Defendant driven B rocketing car under the influence of alcohol content of about 12 km from the 12km section to the front of the Jinyoung-gu Jinyoung-gu Jin-gu Jin-gu Jin-si, Jin-gu, Kimhae-si, with the alcohol content of 0.087%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, the crime of this case has been led to confession of the crime of this case; the defendant's age, environment, family relationship, the degree of blood alcohol concentration and driving distance; and other various sentencing factors, such as the defendant's age, family relation, driving distance, after committing the crime, etc., shall be determined as ordered by the order.