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(영문) 울산지방법원 2020.02.13 2019고단4026

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 December 18, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court and its racing support, and on September 24, 2013, issued a summary order of KRW 3 million for the same crime from the same support to the same crime.

On September 29, 2019, at around 00:20, the Defendant driven an Estststa car under the influence of alcohol concentration of about 0.171% from the 3rd distance at the entrance of Ulsan Northern-gu B apartment to the front of D in C, and under the influence of alcohol concentration of about 240 meters.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached thereto, such as written judgments);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment (in consideration of the occurrence of accidents involving the same kind of criminal records and the status of detention) concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of a suspended sentence);

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