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(영문) 울산지방법원 2020.06.11 2019고단4971

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 February 2, 2017, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On October 10, 2019, at around 05:15, the Defendant driven a rocketing car at approximately 1 km from the area near the Nam-gu industrial tower in Ulsan-gu to the area near the same Gu, under the influence of alcohol content of 0.157%.

Accordingly, the defendant violated Article 44 (1) or (2) 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 Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 punishment against the accused shall be determined in consideration of the background leading to drinking and driving under the reason of sentencing, blood alcohol concentration, driving distance, criminal punishment records, conditions after the crime, etc. under Article 62-2 of the Criminal Act;