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(영문) 울산지방법원 2020.10.22 2020고단2413

도로교통법위반(음주운전)

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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 March 10, 2008, the Defendant was sentenced to a summary order of two million won or more as a crime of violating the Road Traffic Act by the Changwon District Court.

On May 23, 2020, at around 00:06, the Defendant driven a C bargaining car under the influence of 0.143% alcohol concentration in the area of about 10m of approximately 0m in the B apartment parking lot in Ulsan-gu B apartment zone.

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

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

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. The punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;