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(영문) 울산지방법원 2020.02.13 2019고단4118

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 October 16, 2008, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act from the Ulsan District Court.

On September 21, 2019, at around 02:16, the Defendant driven a car under the influence of alcohol level of about 0.161% from the 5km section from the road front of Ulsan-gu, Ulsan-gu, to the road front of the same Gu D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 an order to attend a lecture or an order to attend a community service is recognized as the reasons for sentencing under Article 62-2 of the Criminal Act, and that a criminal offense for which ten years have passed since his/her previous conviction was committed,

On the other hand, the fact that blood alcohol concentration is high and that three times before drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.